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Ramaswami   13 February 2018

Software company abscond case in Bangalore

Dear all, I have joined one mnc company on Aug 2016 and after 2 days I left the company without notice them, and after 15 days I have informed them I am not able to continue my employment due to some personal reson but actually I was not interested with that job profile, Later they terminated me with few notice given from them. Also I got one month salary, I have returned full amon through with in 2 days of received the amount. Now they are asking 60000 notice period recovery amount also they are sending lawyer notice to my home, As per my agreement they menstioned I need to serve 3 month notice for them, actually I was only 2 days with employement, I am really scarring is this impacting my future carrier in case if am not ready to pay the amount. Only I was 2 days in the office.. Can you please help me out, how to resolve this issue. Thanks in advance. I am poor guy.


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 19 Replies

kunal “#unconventional #Aquari   13 February 2018

poor guy pr otherwise, u need 2 cough up the owed amount to ur company. u hv no other option available

Ramaswami   13 February 2018

I was only one day in the office.. Immidiate next day of joined that company, I was not there. So is there any option to show case that. And get out of the notice recovery amount.

kunal “#unconventional #Aquari   13 February 2018

email me all dates of occurence at basu_kunal@hotmail.com

Ramaswami   13 February 2018

Dear Kuna, thanks you very much for your support. I have sent the details email to you email I'd. Please advise me how can I proceed.

Kumar Doab (FIN)     13 February 2018

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Which is fixed pay day? Has salary not been paid on pay day?

Has salary slip been issued and supplied?

What is monthly salary?

Has company issued any notice on closure of company?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

Kumar Doab (FIN)     13 February 2018

If you were not given job profile that was advertised, communicated in interview for which you were selected, stated in appointment letter then instead of personal reason you could have stated the actual reason! Do you have copy of notice/resignation submitted by you and IT’s POD?

Ramaswami   13 February 2018

Dear Kumar, It's software company (IT), More than lacs of employees are there. I am belongs to karnataka state, country India. I have selected lead engineer, They are not mentioned the project in the appointment latter, They are mentioned 3 months notice period in the agreement which I have signed in the joining day. I have joined 11th Aug 2016, And sent one email to respective HR on 18th Aug 2016 like resignation (not able to continue employment due to personal reasons) but not mentioned the actual reson. My package was 9.4 lac per anual, I got around 80k (it's included joining bonus) first month salary though I have not completed full day, immidiatly I have returned the full received amount, after few months almost 1 they are started asking notice period 3 months recover amount. But even I have not spend 2 days in office. So please help me how can I communicate to that lawyer notice latter.

Kumar Doab (FIN)     13 February 2018

Is IT mentioned in agreement that employment can be terminated by either side by paying notice pay in lieu of notice period?

You were located by company in Karnataka?

Your reply to all points is required to help you.

 

Ramaswami   13 February 2018

Yes it's located in Bangalore. And they terminated me after few intimation. I m OK with termination because I am not expecting any service latter or expiriance latter as I m not in more than 2 days in the office.

Ramaswami   14 February 2018

Can any one please help on this, as it's need urgent help.

Thank you for understanding.

Kumar Doab (FIN)     14 February 2018

It was posted for you that; Your reply to all points is required to help you.

You have not replied to all points.

If you have any reservations then post.

Kumar Doab (FIN)     14 February 2018

Or get in touch with many of the IT/ITeS employees unions that have been formed and embraced by trade unions..

The Govt. had notified Grievance Redressal Committee and Senior Officials of Dept. of Labor may help.

List of trade Unions at Dept. of Labor Karnataka.

https://labour.kar.nic.in/labour/trade-unions-list.htm

Or get in touch with a very able senior counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record….

Visit Local Labor Court/GIT/CA/HC and prepare your own list and chose… 

Kumar Doab (FIN)     14 February 2018

THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT;39

https://dpal.kar.nic.in/8%20of%201962%20(E).pdf

Generically speaking;

THE KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT;39

The long notice period is not favorable to employee…

The employer has not paid wages for working days and days after recieving resignation and has terminated..


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