I was working in one software company. Due to repeated torturing from my superiors, I left the organisation and then later posted resignation.
Later the company sent me a termination letter at my communication address.
Now my company is asking for the dues, bonds etc which are virtually calculated by the company. Recently they sent a latter through lawyer to repay the dues.
Is any employer in such a case fight legally with the employee?
On what ground an employee can answer back to the employer?
What employee can do for the PF and graduity which is still with the employer?
From Saudi Arabia, Riyadh
Later the company sent me a termination letter at my communication address.
Now my company is asking for the dues, bonds etc which are virtually calculated by the company. Recently they sent a latter through lawyer to repay the dues.
Is any employer in such a case fight legally with the employee?
On what ground an employee can answer back to the employer?
What employee can do for the PF and graduity which is still with the employer?
From Saudi Arabia, Riyadh
Hi,
You may clearly reply to the employer the facts that lead to your leaving of the service. You must mention that the situation was created to make to quit and it was unbearable to stay back and work there.
You should also indicate that the noticsent by them is a further way of harassing you and indicate that you also resrve the right to seek damages in the court for the torture and the mental agony you have suffered.
Kindly reply through a legal professional only.Never budge to such notices.
Kind regards
Dayanand L Guddin
From Singapore, Singapore
29You may clearly reply to the employer the facts that lead to your leaving of the service. You must mention that the situation was created to make to quit and it was unbearable to stay back and work there.
You should also indicate that the noticsent by them is a further way of harassing you and indicate that you also resrve the right to seek damages in the court for the torture and the mental agony you have suffered.
Kindly reply through a legal professional only.Never budge to such notices.
Kind regards
Dayanand L Guddin
From Singapore, Singapore
Hello,
First of all, you could have explained what YOU meant by 'repeatedly torturing'. What you see as 'torture' may not be seen in the same way by others.
1] Did you discuss your experiences with superiors [I prefer this word than 'torture' until I am clear what exactly happened] with HR? If you haven't, then you did a BIG mistake. If you did, then what did they say?
2] Did you put all that happened--at least your version of it--in writing to the concerned people in the organisation?
In a nutshell, whatever Dayanand says is right--except for the timing. All that should have been done BEFORE you left, NOT after.
I know you won't like this: but you gave a chance to the concerned people in the company for a 'PERCEPTION about you that you have serious attitude problems. pl don't blame them for it--blame yourself. Pl note that I am NOT addressing whether what you did is right or wrong--after all everyone has a right to work or not work in any company. What I am focusing is 'the way it was done'.
Coming to the legal angle, I disagree with what Dayanand said. Pl note that any organisation can afford [time-wise as well as financial-wise] to hire legal experts. Can you? And even if you can, do you want to focus on fighting this case [if you have even the faintest idea of our Indian courts, this could go on for years]? Or do you want to move forward in your career? The choice is YOUR'S--which depends on what your priorities are.
Moreover, what Dayanand said would be more appropriate if you had at least some chips in your hand--you don't seem to hold anything.
You haven't mentioned for how long you worked in this Company--if it's for only a few months, it could be practical to forget the exp letter. If it was for a considerable period of time, then pl check out your Offer Letter. The clauses of termination/resignation would be mentioned. Then pl contact a lawyer for the next step--NOT TO FILE A COUNTER-CASE, but to close this ASAP amicably & move ahead.
Rgds,
TS
From India, Hyderabad
First of all, you could have explained what YOU meant by 'repeatedly torturing'. What you see as 'torture' may not be seen in the same way by others.
1] Did you discuss your experiences with superiors [I prefer this word than 'torture' until I am clear what exactly happened] with HR? If you haven't, then you did a BIG mistake. If you did, then what did they say?
2] Did you put all that happened--at least your version of it--in writing to the concerned people in the organisation?
In a nutshell, whatever Dayanand says is right--except for the timing. All that should have been done BEFORE you left, NOT after.
I know you won't like this: but you gave a chance to the concerned people in the company for a 'PERCEPTION about you that you have serious attitude problems. pl don't blame them for it--blame yourself. Pl note that I am NOT addressing whether what you did is right or wrong--after all everyone has a right to work or not work in any company. What I am focusing is 'the way it was done'.
Coming to the legal angle, I disagree with what Dayanand said. Pl note that any organisation can afford [time-wise as well as financial-wise] to hire legal experts. Can you? And even if you can, do you want to focus on fighting this case [if you have even the faintest idea of our Indian courts, this could go on for years]? Or do you want to move forward in your career? The choice is YOUR'S--which depends on what your priorities are.
Moreover, what Dayanand said would be more appropriate if you had at least some chips in your hand--you don't seem to hold anything.
You haven't mentioned for how long you worked in this Company--if it's for only a few months, it could be practical to forget the exp letter. If it was for a considerable period of time, then pl check out your Offer Letter. The clauses of termination/resignation would be mentioned. Then pl contact a lawyer for the next step--NOT TO FILE A COUNTER-CASE, but to close this ASAP amicably & move ahead.
Rgds,
TS
From India, Hyderabad
Of late, I come across more number of youngsters posting this question. Many youngsters are having lethargic attitude today just like that abandoning the present jobs and when problem comes in their way, approaching the site for remedy. This would have a very negative impact in your future endeavours. Hence, please ensure that records are set right before leaving any organisation. If not possible, please disclose the same to your new employer (of course, no employer is accepting this).
In your case, if this a termination, you need not worry about bond/notice period etc. Leave it as is without giving any reply. However, you have to pay all other dues to the company, for which the company legally claim with you.
My advice is go the old employer, sit across the table and set right the things in a congenial atmosphere
From India, Madras
In your case, if this a termination, you need not worry about bond/notice period etc. Leave it as is without giving any reply. However, you have to pay all other dues to the company, for which the company legally claim with you.
My advice is go the old employer, sit across the table and set right the things in a congenial atmosphere
From India, Madras
Dear Dimple
Speak to the HR people in the organisation and also roap-in your team lead and the owner. Contact them and clear out your point on it.
Let them then decide what to do as legal fight will just add problems to your present situation.
for any help let me know. Stay happy and cool as this hard time will definetly pass away.
From India, Delhi
Speak to the HR people in the organisation and also roap-in your team lead and the owner. Contact them and clear out your point on it.
Let them then decide what to do as legal fight will just add problems to your present situation.
for any help let me know. Stay happy and cool as this hard time will definetly pass away.
From India, Delhi
Dears
Thanks for your kind reply. I worked with that organisation for more than 5 yrs. Hopefully in private company any employee will not write any thing to HR for "torturing" by superiors as we are more concerned about jobs and money security.
I am not defending my self for what i deed. and i am not the only one like this ,there are no of such employees like me. during normal working tenure HR does not come to the picture. After recruitment they just forget and all your apraisal and other things are dealt with Manager. So we can not afford to fight with manager for the sake of u'r career.
The word "torture", i mean that verbally abusing the person. i can not write all these words here. but u know all indian "galis". and i am not having proof that i can show to the court. Of course employee is not stronger in the written proofs as during employement HR take signature in so many documents from employement ,retirement. housing etc.
Also company HR policy are being changed by company without consulting the employee, and due to electronic media it is assumed that u read and accept this.
When i joined organisation it was different and when i left it was changed.
I went through one article about why employee leave organisation. it was telling not due to salary but due to politics and harassment by manager or superiors.
Finally the amount and damage asked by company to me is not small amount. it is almost a saving that i did withing my tenure.
I dont want to fight legally but what is the way to deal with that?
Regards,
From Saudi Arabia, Riyadh
Thanks for your kind reply. I worked with that organisation for more than 5 yrs. Hopefully in private company any employee will not write any thing to HR for "torturing" by superiors as we are more concerned about jobs and money security.
I am not defending my self for what i deed. and i am not the only one like this ,there are no of such employees like me. during normal working tenure HR does not come to the picture. After recruitment they just forget and all your apraisal and other things are dealt with Manager. So we can not afford to fight with manager for the sake of u'r career.
The word "torture", i mean that verbally abusing the person. i can not write all these words here. but u know all indian "galis". and i am not having proof that i can show to the court. Of course employee is not stronger in the written proofs as during employement HR take signature in so many documents from employement ,retirement. housing etc.
Also company HR policy are being changed by company without consulting the employee, and due to electronic media it is assumed that u read and accept this.
When i joined organisation it was different and when i left it was changed.
I went through one article about why employee leave organisation. it was telling not due to salary but due to politics and harassment by manager or superiors.
Finally the amount and damage asked by company to me is not small amount. it is almost a saving that i did withing my tenure.
I dont want to fight legally but what is the way to deal with that?
Regards,
From Saudi Arabia, Riyadh
Hi,
I agian insist that replying to them through a legal professional is the only answer. In the absence of a legal reply they may proceed and file a case for recovery of this money. If the intention is to harass then they would further do this definitely and would make you to break under pressure and follow what ever they say.
When the team leads them selves had been resorting to such abusing and HR was a dumb spectator/ non reactive function, you have to fend for your self. Approaching them at this point of time is of no use. You have worked for five years which is a considerable amount of time with the company and I suppose you have not just abandoned the job after a training abroad.
Companies can hire bigger lawyers but when the legal reply is appropriate, they think twice before going to the court as you would be publicising the culture of the company.
This advise is based on my previous experiences being on both the sides of the table and irrespective of who agrees or not.
Kind regards
Dayanand L Guddin
From Singapore, Singapore
I agian insist that replying to them through a legal professional is the only answer. In the absence of a legal reply they may proceed and file a case for recovery of this money. If the intention is to harass then they would further do this definitely and would make you to break under pressure and follow what ever they say.
When the team leads them selves had been resorting to such abusing and HR was a dumb spectator/ non reactive function, you have to fend for your self. Approaching them at this point of time is of no use. You have worked for five years which is a considerable amount of time with the company and I suppose you have not just abandoned the job after a training abroad.
Companies can hire bigger lawyers but when the legal reply is appropriate, they think twice before going to the court as you would be publicising the culture of the company.
This advise is based on my previous experiences being on both the sides of the table and irrespective of who agrees or not.
Kind regards
Dayanand L Guddin
From Singapore, Singapore
Hi Dimpal,
From my point of view there is no point in fighting with the management. This may sound rude to you but by any reason you have commited a violence to the clause of serving notice period. So now when the mistake is commited from your end; you should try to escape from the legal procedings and try to recieve your full and final settlement from the company. Whatever your savings may be small or large why to give as a penaulty or payment of charges against you.
The better option which I feel is that if you can obtain a medical unfitness certificate for the period from your date of absentee to the date of your resignation. And then you should attach it with the copy of your resignation and send it with reply to the lawyer of your previous company through a lawyer.
This will lead to deduct amount of notice period from your full and final settlement and settle the dispute. It will take time but may avoid more conflicts or atleast you might not have to pay for the charges.
All the best,
Satish
From India, Pune
From my point of view there is no point in fighting with the management. This may sound rude to you but by any reason you have commited a violence to the clause of serving notice period. So now when the mistake is commited from your end; you should try to escape from the legal procedings and try to recieve your full and final settlement from the company. Whatever your savings may be small or large why to give as a penaulty or payment of charges against you.
The better option which I feel is that if you can obtain a medical unfitness certificate for the period from your date of absentee to the date of your resignation. And then you should attach it with the copy of your resignation and send it with reply to the lawyer of your previous company through a lawyer.
This will lead to deduct amount of notice period from your full and final settlement and settle the dispute. It will take time but may avoid more conflicts or atleast you might not have to pay for the charges.
All the best,
Satish
From India, Pune
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