Dinesh Sharma (Asst Engineer) 21 August 2011

Legal notice from lawyer

Hi,

I joined an IT company and after working for 20 days I face some health issue and unable to attend my duties. on same day i informed my immidiate boss and after some days I informed HR in written mail "Sorry for not informing to HR on time about my leave, but i have conveyed my message to XYZ sir via SMS, since second week of month year i am suffering with XYZ. I am unable to come office.

As soon as soon, i will recover, i will join office immediately."

After some days i got a mail from HR as witten "It has been observed that, you have not been attending duties from many days & neither you are responding to our calls. This is in violation of the employment rules of the Company. Under the circumstance we presume that you are no more interested to continue in the organization.We therefore are forced to dispense with your services with immediate effect.

I singed bond for 1 year, as per bond if i break the bond i have to pay three month salary to company.

Now i want to know that is it the case of violating the employment rules as i got termination mail from HR department.

Now i got a legal letter from the company lawyer they are asking me to pay three month salary against violating the employment rules since i recive only 10 days salary from company.

Please help me how to fix this issue.

Thanks in advance for your great help.

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7 Replies

Shailendra prasad singh (Lawyer) 21 August 2011

reply to the notice and give all facts therein

Dinesh Sharma (Asst Engineer) 21 August 2011

Dear sir,

thanks for your reply I want to know that is it compusalory to reply or not.

Advocate M.Bhadra 21 August 2011

Reply to the said notce through a Lawyer to your employer and lodge a complaint to Labour Directorate/labour Commissioner in your State.

ajay sethi (lawyer) 21 August 2011

yes never ignore legal notce from lawyer . state all the facts of the case

Kumar Doab (FIN) 21 August 2011

A adviced by learned members/experts, kindly approach your lawyer with all records e.g. appointment letter,SMS,emails,service bond,and reply contesting the false allegations.

Your lawyer shall help you to exist in a dignified manner and clean service record and shall ask the company to recall their allegation of unauthorised absence from duty. Thus you shall be liberated from bond also.

Sanjay Thombare (Labour Officer) 22 August 2011

Any employer cannot terminate service without conducting domestic enquiry by third person. In enquiry you will be given chance to explains your self. At this you may explain the facts to enquiry officer may give his appropritate findinds.