I am in the need of some quick guidance from the experts.
I had joined a Software company in the month of January 2010 and resigned in the month of March 2010. Before leaving the company I had served 15 days of notice period.
Below are the three clauses mentioned in my Offer letter. Please read them carefully.
1. You will be required to attend job related trainings and certifications at the cost of [Company name]. In Consideration of [Company Name] incurring such additional costs for the said training, you agreed to serve the company for a minimum period of 12 months from the date of joining. if you resign form services of the company in the breach of this condition you agree to pay the company Rs. 75000/- for the training. You will not be liable to pay the said amounts if your services are terminated by the company.
2. You will be on probation for initial period of 6 months, which may be extended at the sole direction of the company. During probation period company can can dispense with your services at any time, without assigning any reason, by giving 7 days of notice or 7 days basic salary in lieu thereof.
3. You are at the liberty to terminate your services by giving two months notice in writing or by paying an amount equivalent to two month's basic salary in the lieu thereof. However the relieving would be based on the sole discretion of management. The company shall, likewise, be at the liberty to terminate your services by giving 2 month's prior notice in writing or by paying an amount equal to two month's basic salary in the lieu thereof.
Even after serving 15 days of notice period(for the sake of project work extended for one week) still company was not ready to relieve me. After serving 15 days of notice I left the company. On my last day I had submitted my all company belonging like id card, laptop etc to HR and got the email confirmation of the same.
On my last day company demanded me to pay for below mentioned dues and I denied for paying with the below mentioned reason:
1. Demand to pay training bond (Rs. 75000):
I would like to mentioned that
* I had joined Company with the experience of 7 years. Out of these 7 years for last 3 years I was working on the technology for which company provided me training, same is reflected in my resume while applying job in the company.
* Before joining company I had completed my Advance Certification on that technology. During my technical interview I was evaluated rigorously on my technology skills.
Based on above points:
a. Technology Training provided by company was never required for me as I had all required Technology skills to do my job. These training were forced to me to complete company’s formalities.
b. During Training, manuals used by company were obsolete (older version of manual and software)
c. After training, Company didn't provide and Certificate, study material or demo software CD
I would like to mention that training provided by company were not at all required for me. Those trainings were enforced to me to achieve the company's yearly training targets. Because of this I have denied to pay this bond amount to company.
2. Demand to pay towards remaining notice period (One and half month salary):
My offer letter has two clauses those talks about notice period during probation period and after probation period. Refer clause 2 of my offer letter:
2. You will be on probation for initial period of 6 months, which may be extended at the sole direction of the company. During probation period company can dispense with your services at any time, without assigning any reason, by giving 7 days of notice or 7 days basic salary in lieu thereof.
This clause clearly mentions that during probation company can terminate employee's employment by giving 7 days of notice or by paying my 7 days of basic salary. But it is not mentioned that how much notice period employee should serve if he/she decides to leave employer.
In this clause company didn't mentioned the notice period condition for employee duration probation but it is clearly specified for employer.
This means that during probation either employee is bonded labour and can't quit the job at all OR he doesn’t need to provide any notice at all.
Now issue is:
Company did not ready to give me my last month salary.
Not ready to give me my accumulated PF amount.
Not ready to issue Form 16.
During notice period I had faced lot of mental pressure and pressure from the HR manager and immediate supervisor. I have email from them as a proof for that.
Now to get my one month salary and other benefits I am willing to take some legal action against employer. I have few questions in this:
How strong is my case to take legal action?
Should I take any legal action?
How to proceed for legal action?