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Naresh   21 July 2015

Urgent help needed

Dear All, 

I need your guidance. 

I joined a company on 4th of May 2015, I was interviewd via skype call. As i have not seen the company before my joining, it was 2.5 hours of distance from my home also public transport is very crowded in this route. On the day i joined the company, i just signned the offer letter because 2 HR person was standing on my head, while returning home i met with an major accident, as a result my left hand, shoulder and back was injured.

I informed this to hr they asked me for medical documents from government hospital i submitted that and put my resignation. As i have not even touched they code they still asking me for notice period for 2 months.They are putting mail every 10 days to pay 1 Lac of penalty. As i have not even started the code, Can they still ask me for notice period. Also Doctor told me not to travel for long hours i informed this also to them and shown declaration from doctor still they are mentally torturing me to pay 1 lac to company.I am really getting mentally disturb from their mails.

Can you please suggest me what to do in this case. 

Also Please find attached my offer letter, help needed. 

Regards,

Naresh



 14 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     21 July 2015

Sir,

 

Don't worry ....

 

Warm Regards

Kapil Chandna Advocate

9899011450

Naresh   21 July 2015

Kapil,

Why Not To Worry?

 

saravanan s (legal advisor)     21 July 2015

you can take the issue to the labour commissioner and also to  human rights commission

Kumar Doab (FIN)     21 July 2015

Employee is covered while from home to office and back to home.

Throw the burden of claim/treatment/compnesation if any on the company.

Approach employee's/Trade Unions leaders,labor Law Consulatnt/servioce Matters lawyer/Law Firm............................and they know precise ways to handle such matters.

 

It is noted that you were under probation period.....................................and were designated Software Engineer.

 

Did you sign any document to register with 'NSR' of NASSCHOM too?

Are you a member of any employee's/Trade Unions?

 

Revert.Resoloution is possible.

 

 

Kumar Doab (FIN)     21 July 2015

Expert Mr.Kapil Chandna has addressed you (querist) as 'Sir'..............................and has rightly advised you...............and has assured you........................nothing to worry. Had you known the finer legal nuances of the matter you would have appreciated the reply.

 

While you have addressed the Expert that has assured to resolve your query.....................as................Kapil.

 

The courtsey demands that atleast address the legal expert with equitable courtsey and respect  as 'Sir'.....................or Mr.Kapil..........................Shri Kapil....................

Naresh   22 July 2015

Thanks To All For The Suggetion.

 

After my recovery will i still have to serve my notice period?

Kumar Doab (FIN)     24 July 2015

Notice period of 2 months may not be neccessarily applicable even if it is inserted in appointment letter.

 

If it is not applicable then how can recovery be enforced.

 

After recovery i.e. notice pay in lieu of notice period, why should anyone reqquire to serve notice period.

 

Approach your Labor Law Cosnultant/Service Matters lawyer with confidence.

 

 

T. Kalaiselvan, Advocate (Advocate)     25 July 2015

Well advised by experts, more particularly by expert Mr. Kumar Doab. You May send a notice to the company claiming reimbursement of medical expenses from them as the accident took place while returning from duty, this may make them to maintain low profile after that and may be they may even negotiate to drop the claims from both the sides. 

Kumar Doab (FIN)     25 July 2015

@ Naresh,

 

It is reiterated that:

 

"

Notice period of 2 months may not be neccessarily applicable even if it is inserted in appointment letter. If it is not applicable then how can recovery be enforced."

 

Therefore you msut not rush to make the payment.

 

 

Rather you shoudl certainly be entitled to get the compensation/medical expenses from the company. Hence send and stake the claim under proper acknowledgment.....................under the guidance of your able Labor Law Cosnultant/Service Matters lawyer with confidence.

 

You can rather suceed to get the payment of from company.

Don't make any payment until you are advised by your lawyer.

 

 

 

Sudhir Kumar, Advocate (Advocate)     26 July 2015

from you r post it is indicated that you are neither attending duties nor sending any medical certificate.

 

please come with facts.

Naresh   26 July 2015

@sudhir sir I have already submitted my medical certificate and my current left arm, shoulder image to them. Waiting for their reply

Kumar Doab (FIN)     26 July 2015

 

 

You have posted in your very first post that:

 

“i just signned the offer letter because 2 HR person was standing on my head, while returning home i met with an major accident, as a result my left hand, shoulder and back was injured.

I informed this to hr they asked me for medical documents from government hospital i submitted that ………………………………..Also Doctor told me not to travel for long hours i informed this also to them and shown declaration from doctor”

 

Do you have the proof of dispatch and delivery and have minuted in your emails also.

 

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maximum persons are employed in it at any point of time, before and after your joining?

 

Who has signed the offer letter: HR personnel or MD?

 

Did you record the threats (audio/visual/minuted/witnessed)?

 

 

The Redg Office, Corporate Office of the company, and your reporting office was located in which state?

 

What was your designation and nature of duties?

 

How many person would have reported to you?

Were you to have any power to sanction leave/increment/appoint/terminate?

 

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?

 

What was your monthly salary?

 

Did the company ask you to sign PF,ESIC,Gratuity Forms etc?

Was any appointment letter, salary slip of 1st month, PF number, ESIC card,I.Card, given to you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

 

You should provide full information, pointwise!

 

 

 

 

 

 

Amol Kende (No)     26 July 2015

Hi,

I hope the accident happen on 4th of May 2015 only and you signed offer letter on same date only, I think you need not to submit the resignation letter if this things happen on same date and you not joined duities your details and offer by the company side and its records is Offer Rejected or not joined candidate do you have any Emp Code provided by the company or not

if not then Dont worry i here agree with the Kalaisevan sir and Saravannan sir also 

its just think if any body hired in any position has been as per company records shwing offer rejected is applicable for any kind of duce is such the business done by company you need to meet to the labour commissioner and expain every think if any written notice you have received from the company

Kumar Doab (FIN)     26 July 2015

The employment has commenced on the day mentioned in order of appointment.

If the state Govt. of UP has not granted exemption from standing orders then standing orders may apply. If standing orders apply but are  not certified Model Standing Orders shall apply.

As Per Model Standing Orders ;Sec:13; Notice period during Probation Period is NIL.

Model Standing Orders is a statue and shall prevail upon any private agreement/policy/rule etc that employer has drafted and signed with employee be it appointment letter/contract of employment/HR policy/service Rules and Regulations etc etc.

 

The employer is deducting both employer/employee’s PF contribution under ‘Head: Deductions’ from employee’s monthly/annual wages, which is illegal. Employer’s contribution can not be part of employee’s monthly/annual gross/CTC. The EPFO can’t agree with it.

This can be  a  reason to reject the employment………………….after signing the offer letter.

 

The company has affirmed the application of insurance policy/coverage.

However even if there is no insurance policy employee is still covered and cost is to be born by employer.

 

Location of Work is not mentioned however reporting/joining was at Noida.

IT/ITeS companies are governed by (Name of the state) shops and Commercial Establishments Act that was enacted to govern the service conditions of employees working in such establishments, covered by the Act.

 

U.P. Dookan aur Vanijya Adhishthan Adhiniyam, 1962

https://labour.up.nic.in/labourcommissioner/dookan62.htm

15.  Deductions from wages.—No deductions from the wages of an employee shall be made except to such extent, and in such manner, as may be prescribed.

 

19.  Discharge of employee by his employer: 1. (b) he is unfit to perform his duties on the ground of physical infirmity or continued ill-health,

20.  Termination of employment by an employee.—(1) No employee, other than an employee engaged for a specified period or in a leave vacancy, shall terminate his employment, except after notice of thirty days, or of such longer period, as may be required under the terms of his employment.

(2) Where an employee fails to comply with the provisions of sub-section (1), his unpaid wages for a period not exceeding fifteen days may be forfeited to his employer.

39. Application of Workmen's Compensation Act and Rules:—The provisions of the Workmen's Compensation Act, 1923, and of the rules made thereunder, shall mutatis mutandis apply to every employee of a shop or commercial establishment.

 

 

 

 

 

 

 

 

 

 


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