Hi ..
I have recieved a letter from my previous Company asking me to settle my dues of 64000/-. I want to know am I legally bound to do so.If I don not pay it, what be the legal consequences..?
The background is.. I worked in this company for 4 months.My probation period ended after 3 months..But since the work was not suitable to my profile and experience I managed to find a new job and currently working in this new company since last 7 months..the notice period in my previous company was 2 months.However,since I was completeley frustrated with the work given to me I resigned giving them a notice period of 15 days.After giving my resignation letter, I was not called for any kind of exit discussion from my manages.It seemed that they did not take my resignation seriously .So I just left after completing my current work in hand and joined the new company.
I had shown my resignation letter signed by my manager to my new employer and they were OK with it to get me onboard.
Now the company has sent me a letter asking me to settle my dues.
I dont understand how can a Company ask for such a big amount from an employee who has just worked theere for 4 months.
Can anyone tell me ..would there be any legal consequences against me if a do not pay the recovery amount?
From India, Mumbai
1I have recieved a letter from my previous Company asking me to settle my dues of 64000/-. I want to know am I legally bound to do so.If I don not pay it, what be the legal consequences..?
The background is.. I worked in this company for 4 months.My probation period ended after 3 months..But since the work was not suitable to my profile and experience I managed to find a new job and currently working in this new company since last 7 months..the notice period in my previous company was 2 months.However,since I was completeley frustrated with the work given to me I resigned giving them a notice period of 15 days.After giving my resignation letter, I was not called for any kind of exit discussion from my manages.It seemed that they did not take my resignation seriously .So I just left after completing my current work in hand and joined the new company.
I had shown my resignation letter signed by my manager to my new employer and they were OK with it to get me onboard.
Now the company has sent me a letter asking me to settle my dues.
I dont understand how can a Company ask for such a big amount from an employee who has just worked theere for 4 months.
Can anyone tell me ..would there be any legal consequences against me if a do not pay the recovery amount?
From India, Mumbai
For the time being do not respond to the letter sent by your previous company. If you do not reply, normally, they may send another letter asking you to pay the amount. To that letter you may put a counter asking for clarifications as to why the amount should be recovered from you. Once the resignation is accepted unconditionally and relieved from service, the company can not ask for amount even if the terms of appointment order says so. It should not be like, when a company's financial position goes weak, then immediately send letters to all previous employees even though they had left some seven or more months back and call them to pay huge sums towards notice pay. Therefore, you need not take this letter as a serious issue.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
dear
see it is is contract between you and employer and after completion of probation period of three month you were required to give month notice ,which you have not given,so you have break the contract.if company wish they can file a recovery case against you.
regards
js malik
From India, Delhi
see it is is contract between you and employer and after completion of probation period of three month you were required to give month notice ,which you have not given,so you have break the contract.if company wish they can file a recovery case against you.
regards
js malik
From India, Delhi
But. is it not a breach of contract that the company starts asking me to work on saturdays and sundays..that too 12 hours.Is it not a breach of contract that the company recruits me saying u will be working on skill that i have had experience in but later that company allots me some BPO kind of work.
and I also had given resignation letter which is signed by my manager..but later i hear no response from them about my release date..
does it make any sense to stay there If I had no work in hand, I had completed my current assignments.All that one would want to do is get out of the current mess and start with the new company.
Also, I had disscused all these things with my new employer.After discussion they said that it would fine if I just show tem the resignation letter and join without any relieving letter.
From India, Mumbai
and I also had given resignation letter which is signed by my manager..but later i hear no response from them about my release date..
does it make any sense to stay there If I had no work in hand, I had completed my current assignments.All that one would want to do is get out of the current mess and start with the new company.
Also, I had disscused all these things with my new employer.After discussion they said that it would fine if I just show tem the resignation letter and join without any relieving letter.
From India, Mumbai
Hi Indra,
First of all, you need to check, whether you signed a contract over stamp paper .i.e a bond or it was stated in your appointment letter, if its not a bond then need not worry, notice -check if you have received it from a post or through courier, if it is through post, it shows that they are in a way to pull you into this matter, as far as resignation is given from your side, its very much valid whether company accepts it or not and moreover you have given them 15 days notice so they always had option to recover the amount when you were employed with them. As Madhu suggested, its very much advisable to be mum for sometime and wait and watch.
From India, Mumbai
First of all, you need to check, whether you signed a contract over stamp paper .i.e a bond or it was stated in your appointment letter, if its not a bond then need not worry, notice -check if you have received it from a post or through courier, if it is through post, it shows that they are in a way to pull you into this matter, as far as resignation is given from your side, its very much valid whether company accepts it or not and moreover you have given them 15 days notice so they always had option to recover the amount when you were employed with them. As Madhu suggested, its very much advisable to be mum for sometime and wait and watch.
From India, Mumbai
hi indra,
you are on strong ground. as has been suggested wait for their second note/ reminder. then seek an explanation from them for the amount they have asked from you. since you have given notice and resigned and the same has been accepted by the company, they can't do much
From India, Madras
you are on strong ground. as has been suggested wait for their second note/ reminder. then seek an explanation from them for the amount they have asked from you. since you have given notice and resigned and the same has been accepted by the company, they can't do much
From India, Madras
Dear Indra,
Take it from me. If the recovery is made only for notice period the company cannot take any legal action against you whatsoever.
Keep the letter with you if you wish to and if U hate the company, burn it to ashs and then put the ash in a nice envelope and send it back to ur old company. :-x
After 7 months, it really stuipid of the company to send a legal notice and this will not hold good in labor court at all or civil matters.
Regards
Ukmitra
From Saudi Arabia, Riyadh
Take it from me. If the recovery is made only for notice period the company cannot take any legal action against you whatsoever.
Keep the letter with you if you wish to and if U hate the company, burn it to ashs and then put the ash in a nice envelope and send it back to ur old company. :-x
After 7 months, it really stuipid of the company to send a legal notice and this will not hold good in labor court at all or civil matters.
Regards
Ukmitra
From Saudi Arabia, Riyadh
Dear Indra,
without going through the appointment letter we are unable to answer your query, also send phtocopy of appointment and your resignation letter, so that we can guide you accordingly.
SHISH RAM UNIYAL
09811681660
From India, New Delhi
without going through the appointment letter we are unable to answer your query, also send phtocopy of appointment and your resignation letter, so that we can guide you accordingly.
SHISH RAM UNIYAL
09811681660
From India, New Delhi
Dear Friend,
The details you have given are not adequate to provide you the right response. In brief can you let us know the following:
1. What are the terms and conditions of your offer letter regarding Probation?
2. What Financial implications does the Offer Letter imply in case the employee leaves without serving notice period?
3. Did you submit your resignation letter to the HR Department? - Cos a signature from your reporting manager is not valid until he is the designated person to sign Resignation Acceptance Letters. ( Usually Line Managers are not allowed to accept resignation letters).
4. If yes to q3, have you received a reliving letter and service certificate? ( they are legally liable to provide you the same incase you had a clear separation)
5. Have you signed a legally valid agreement with you employer which has financial implications ? ( a service agreement on Bond certificates for instance)
Regards,
Girish.S.
The HR Knowledge Space - For complete HR Gyan!
From India, Delhi
The details you have given are not adequate to provide you the right response. In brief can you let us know the following:
1. What are the terms and conditions of your offer letter regarding Probation?
2. What Financial implications does the Offer Letter imply in case the employee leaves without serving notice period?
3. Did you submit your resignation letter to the HR Department? - Cos a signature from your reporting manager is not valid until he is the designated person to sign Resignation Acceptance Letters. ( Usually Line Managers are not allowed to accept resignation letters).
4. If yes to q3, have you received a reliving letter and service certificate? ( they are legally liable to provide you the same incase you had a clear separation)
5. Have you signed a legally valid agreement with you employer which has financial implications ? ( a service agreement on Bond certificates for instance)
Regards,
Girish.S.
The HR Knowledge Space - For complete HR Gyan!
From India, Delhi
Hi
Face the situation squarely. Delaying tactics may not work. Did you receive any intimation from your previous company about non acceptance of your resignation letter? If yes, you may be in trouble, considering that terms of employment should have been communicated to you in a legally binding manner and which is always the case with good organisations. If not, it can be safely assumed as accepted and your liability becomes a question mark.
Take care
Tunar
From India, Ahmadabad
Face the situation squarely. Delaying tactics may not work. Did you receive any intimation from your previous company about non acceptance of your resignation letter? If yes, you may be in trouble, considering that terms of employment should have been communicated to you in a legally binding manner and which is always the case with good organisations. If not, it can be safely assumed as accepted and your liability becomes a question mark.
Take care
Tunar
From India, Ahmadabad
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