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Rahul B (Management)     07 November 2013

Post resignation threats from company

Need suggestion for the following:

I worked in an Indian MNC (Non IT) in a Management Trainee position for 9 months. I was hardly provided with any work for the first 6 months despite repeated requests and pleadings. Then I was transferred to the HQ as a "reward" for my pleadings and was further assigned for some academic/useless project just to keep me occupied. I served here for 3 months when ultimately I contracted malaria and went on leave.

I received no acknowledgement for my leave application from the company for the next 1.5 months and by then I had contracted jaundice. I was extremely frustrated with this attitude and coupled with my poor health, I resigned. I received first response from the company after 12 days of my resignation where the HR asked me to either come back or pay 90 days salary as settlement. As I was sick and saw no point in risking my health for them, i did not go back. i sent in my medical certificate and requested them to approve my resignation since they don't have work for me in first place and I am not willing to take a health risk. post which I received several calls where I made my point clear and the HR refused to budge from his 3-months payment stance.

Post which he called up my parents. I wrote the entire thing in detail and forwarded it to the senior HR. Post which I got the call from this HR and where he threatened me in the language of a street thug. The senior HR immediately got in touch when I complained again with the recording of the call. But very conveniently refuses to move from 3 month's notice amt. payment or 3 month's service. 

I don't want to to go to that office again and want to get this matter resolved soon. Also the 3 months' amount is huge which I can't afford to pay now(Rs 1.5l). I am willing to pay for a month at the max. What is the legal recourse? Will I be forced to pay?



 1 Replies

Kumar Doab (FIN)     07 November 2013

 

 What is this establishment: Industrial or Commercial?

 

 

 

 

Redg. office/HO of the company is located in which state?

 

You were initially located in which state and after transfer you were initially in which state?

 

What was nature of duties assigned to you and was anyone reporting to you?

Were you in probation period or your services were confirmed in writing?

 

Has the company issued you appointment letter and were you recruited vide some Training Scheme under Managements standing orders as ‘Trainee’ or were yu recruited as’ Apprentice’ under Apprenticeship Act?

 

Did you sign any service agreement/Bond?

 

Do the standing orders (certified/Model) apply to the establishment and does company have its Certified Standing Orders (CSO)?

 

 

The standing orders applicable to the company and registration certificate of the company should be displayed near entrance/on notice board of the company. The company should supply certified copy of the standing orders (Certified/Model) to the employee free or against nominal charge………………… sayRs.10/.

 

The employee or anyone can apply and obtain standing orders applicable to the company from Certifying Officer (CO) which might be DLC ( Dy. Labor Commissioner) in o/o Labor Commissioner at location of redg. office of the company, against a set fee say ……………Rs3/page.

 

You have properly informed the company on misconduct of the HR, leave application however it is felt that the senior HR has not taken any action against the HR person who was rude and rowdy with you.

 

It is not understood by which clause in standing orders/appointment letter/agreement the company has arrived at the compensation equivalent to 3 months’ pay……………………….......................as amount of liquidated damages to be paid by you?

 

If your services were not confirmed then it is to be seen:::Does the notice period during period of probation apply in your case……………..?

 

There are many threads on similar queries e.g;

 

https://www.lawyersclubindia.com/experts/Different-notice-period-for-employee-and-employer-during-probation-432151.asp#.Untim_uo1oo

 


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