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Vijay (as)     03 January 2017

Recovery from employee

I was working in pvt co. For personal issues I was get leave without information to co after that I send email to hr for rejoin but they didn't reply on email they sent me legal notice. Now I want to serve 3 months notice period but they refuse it they told me that to pay 3 months full salary help me suggest me


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 9 Replies

G.L.N. Prasad (Retired employee.)     03 January 2017

Detailsl provided were inadequate.  How many days you went on leave without notice ?  How many years you were with them ?   Have you got sufficient leave balance ?  Do you know that amounts to misconduct ?  If they serve legal notice what are consequences , ultimately they may dismiss you without paying gratuity.

What happens if you admit your lapse in response, will you be discharged ?  When what you want is leaving the present employment, whether such discharge  from such a company affects your further career prospects?

How much leave got to your credit to waive the notice period ?  You have to consider all this and also with an expert in person.  It is natural that they will insist for 3 months salary, depending on past conduct of issuing legal notice for your un authorised absence without permission (We can not call them as leave).  Have you already secured employment with some other company and working there already ?

Kumar Doab (FIN)     03 January 2017

If you had sent any leave application by post then attach a copy and request to regularize the leave.

If you had proceeded on leave without approval then company can treat it as misconduct.

If you were absent for………………days without intimation then it may result into loosing lien on employment, as per service rules/conditions applicable to you/your designation  in establishment.

Kumar Doab (FIN)     03 January 2017

Agreed with Mr. G.L.N.Prasad that you need to post full details?

 

Do you have copy of relevant documents  that define list of Misconducts and Misconduct and resultant action e.g; service rules/conditions, standing orders (model/certified), Code of Conduct applicable to your designation, employee handbook, etc etc and is there any narration in appointment letter on Leave Rules/eligibility……………………..termination of employment?

Did you express your willingness to rejoin in writing under proper acknowledgment?

While you were absent; did company supply any communication, memo, SCN etc  and did you reply?

 

What is stated in legal notice?

Did you reply to it?

 

If company has terminated due to misconduct then why notice pay is being demanded from you?

 

 

 

Ritesh Maity (Labour Law Advocate)     03 January 2017

Information provided by you is very inadequate for reply.

The period of unauthroised leave is very crucial and also the date on which you informed about your absence to the HR. 

Moreover, the legal notice should be immediately replied with legal notice from your side. But without knowing the contents of such legal notice, it is again difficult to tell you the next step here.

Better you consult a lawyer in person with the notice.

G.L.N. Prasad (Retired employee.)     03 January 2017

The problem with posts is they are careful keep their identity secret, and reveal that part of information which is vital, they always decide on such point, and they wanted to know the general opinion from employer point of view, to form a strategy.

In the initial days, I was shocked as to why experts are not active.  Being experts, by reading the first two sentences they come to know what is hidden and what is in the mind of the poster, and great pesons imagine the facts within minutes. They are also aware that a frank opinion will not bring bouquets and only brings bricks.  

Job is most valuable and plays active role in one's life and even minor incident disturb the mind of senstive/ sincere employee, which in turn affects on family.  Knowing all this if employee commits an irregularity, knowing the repurcussions and keep the reasons as personal, guidance by experts is not possible.

The post must kindle interest, sympathy, genuine and deep desire to help for a cause--sans this posts become routine as support has to be given where it is needed badly for sufferers/victims and not for those who purchase the troubles themselves and act smart.

(This reply is not intended as reply to this specific query, but to many posts routinely posted presenting them in a smart way)

1 Like

Kumar Doab (FIN)     03 January 2017

If you have shown all docs on record discussed the matter with your own counsel specializing in Labor/Service matters then you may also share what is the opinion of your own counsel!

Sudhir Kumar, Advocate (Advocate)     04 January 2017

the query is vague.  It is silent on dates.

Kumar Doab (FIN)     05 January 2017

The querist should reply.


(Guest)

Mr. Vijay,

Do you have "your own counsel specializing in Labor/Service matters," for discussion, as Mr. Kumar Doab has suggested you?

 


 

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