I joined one IT service company XYZ, and was sent to client place immediately after joining. After a service of 3 weeks (which comes under probation period of 9 months) I resigned from the company, as I was not happy with the service environment and got a better offer, serving a notice of 1 week. Now the company has sent me a legal notice asking me to pay gross salary of 3 months + Rs 3 Lakh as damages caused as I left suddenly (although I mailed them my resignation letter and returned all belongings like laptop and badge etc).
I don't want any relieving letter or experience certificate from them. I have following questions:
1. The legal notice came on a plain paper with no stamp but only signature from advocate. Is it a real or a fake legal notice?
2. During probation period my notice period was 1 month, but still they are asking for 3 month notice period as this is client's notice period. Is it fair/legal?
3. Do I need to reply the notice letter immediately?
From India, Bangalore
I don't want any relieving letter or experience certificate from them. I have following questions:
1. The legal notice came on a plain paper with no stamp but only signature from advocate. Is it a real or a fake legal notice?
2. During probation period my notice period was 1 month, but still they are asking for 3 month notice period as this is client's notice period. Is it fair/legal?
3. Do I need to reply the notice letter immediately?
From India, Bangalore
If employer has to give one month's notice during probation, it cannot be discriminatory against you when submitting resignation. Their demand is illegal for asking 3 months notice pay, Further their demand of 3 lakhs is completely illegal. Under Karnataka Shops and establishment Act by which you are governed, the Payment of Wages Act is read whereby the employer is not authorized to make any deduction other than permitted under the Payment of Wages Act. Thus asking for 3 lakhs from you is illegal. Since you worked as a soft ware engineer, you are covered under the definition of workman under ID Act. Thus the demands of employer which are unreasonable, unconscionable and contrary to law is nothing but unfair treatment and victimisation and unfair labour practice. Send a lawyer's notice to the employer and make complaint to the inspector under the said Karnataka Act.
Thanks
Sushil
From India, New Delhi
221Thanks
Sushil
From India, New Delhi
Anyway you are not concerned about client notice period.
The relationship is between your employer and client..
As such while on probation,notice period is not applicable.Just decline such unreasonable demands of your employer.
How do you know the notice is from advocate?
Anyway legally you are not in the wrong from facts given by you.
From India, Pune
The relationship is between your employer and client..
As such while on probation,notice period is not applicable.Just decline such unreasonable demands of your employer.
How do you know the notice is from advocate?
Anyway legally you are not in the wrong from facts given by you.
From India, Pune
Legal notice does not come on plain paper. If ur notice period is 1 month as per ur statement. They would have given the time within which you need to reply
From India, Madras
From India, Madras
Just ignore the cooresspondence from your previous employer and enjoy your new assignment.From the facts you have given here you are very much in good footing.Ther is nothing to worry.
From India, Jamshedpur
From India, Jamshedpur
U told that there is only lawyer signature. we cannot consider it as legal notice from court. its only a notice from lawyer. No need to worry just go on with your new job.
From India , Hyderabad
From India , Hyderabad
Legal notice of advocate should be replied through advocate deny I ng all liabilities. A copy of the reply to notice should also be sent to employer directly.All factual and legal submissions in your support be also mentioned.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
Hi All,
My problem is somehow not exctly the same but I am putting it here.Hi Sir,
There are few clarification needed.I was working in a company directly dealing with clients.One of the clients suggested my name to their peer company and have given me a good offer.I have accepted the offer and resigned.The company which I was working in was not paying me on time.I did not receive my last 6 month variable.So I said that you can deduct the amount as I am not serving the notice period.But they threatened that they will file a FIR and do legal action under non solicit.The company who gave me offer did not have any direct contract or agreement with my previous company.How can they say something like this?Is this legal?
They have not given me relieving letter,experience letter.and they asked me to pay 45 days of salary for getting same.Also I was never officially confirmed as permanent employee after probation but they asked me 2 month of salary to leave instead of one.No mention of settlement with variable.Never they paid the reimbursement even though it was mentioned in offer letter.They are asking that I can not join a client,when the company did not have any formal agreement with them?
What should I do?I replied that I can not pay them.The company is ready to take me without relieving letter?Can they take any legal action?
From India, Bengaluru
My problem is somehow not exctly the same but I am putting it here.Hi Sir,
There are few clarification needed.I was working in a company directly dealing with clients.One of the clients suggested my name to their peer company and have given me a good offer.I have accepted the offer and resigned.The company which I was working in was not paying me on time.I did not receive my last 6 month variable.So I said that you can deduct the amount as I am not serving the notice period.But they threatened that they will file a FIR and do legal action under non solicit.The company who gave me offer did not have any direct contract or agreement with my previous company.How can they say something like this?Is this legal?
They have not given me relieving letter,experience letter.and they asked me to pay 45 days of salary for getting same.Also I was never officially confirmed as permanent employee after probation but they asked me 2 month of salary to leave instead of one.No mention of settlement with variable.Never they paid the reimbursement even though it was mentioned in offer letter.They are asking that I can not join a client,when the company did not have any formal agreement with them?
What should I do?I replied that I can not pay them.The company is ready to take me without relieving letter?Can they take any legal action?
From India, Bengaluru
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Legal Notice.pdf