Thanks Ukmitra
My suggestion is as follows. let the concern take fight than flight approach
1. Let the concern can send letter/ meet the Company senior official expressing the views and feeling of things happened.
2. Asking to consider the exemption of the payment ( If it is already agreed in appointment letter).
In generally, no employer will try to collect the money from employees except few reasons like breach in abroad training committment, purposeful damage of the machineries etc.
I hope as a good HR practice, we should give chance for the employee to realise the mistake and amount can be waived off.
I do agree that legally, employer cannot collect the money from employee without any strong reason. But employee can avoid creating negative opinion on his/her character by having different approach to the problem.
problem is having mutiple solutions.
From India, Bangalore
2My suggestion is as follows. let the concern take fight than flight approach
1. Let the concern can send letter/ meet the Company senior official expressing the views and feeling of things happened.
2. Asking to consider the exemption of the payment ( If it is already agreed in appointment letter).
In generally, no employer will try to collect the money from employees except few reasons like breach in abroad training committment, purposeful damage of the machineries etc.
I hope as a good HR practice, we should give chance for the employee to realise the mistake and amount can be waived off.
I do agree that legally, employer cannot collect the money from employee without any strong reason. But employee can avoid creating negative opinion on his/her character by having different approach to the problem.
problem is having mutiple solutions.
From India, Bangalore
Hi Indira
This is not right, In appt letter clearly mention this 3 month notice period clause & you had signed also. As per my opinion you should clear your dues sometimes in future this will create you a problem.
Aklak -HR
From India, Mumbai
This is not right, In appt letter clearly mention this 3 month notice period clause & you had signed also. As per my opinion you should clear your dues sometimes in future this will create you a problem.
Aklak -HR
From India, Mumbai
Hi Indra,
This is a common scenario in most of the places when the HR send you an recovery letter after a couple of months since you quit the organization. But looking at your case the amount mentioned is way to high even if you salary per month was a lakh. They can claim recovery only on the basic pay and not on the entire amount according to the laws, however in your appointment letter if it has been mentioned that you will be liable to pay the entire salary due for the notice period/ the company will pay the salary lieu of notice if they relive you earlier than the actual date of resignation, then it becomes legal as you would have agreed to it by signing the letter. On the other hand since your resignation letter has been signed by your reporting manager or supervisor. It shows that they have accepted your resignation.
You needn't worry much on this issue as they will not be able to do any thing, However advice you to go through your appointment letter where it talks about Termination of Employment. If they talk about paying only basic pay as notice period settlement you can always take up this issue with the Labour Dept and file a case against your previous employer.
Cheers,
Karthik.I
From China, Beijing
This is a common scenario in most of the places when the HR send you an recovery letter after a couple of months since you quit the organization. But looking at your case the amount mentioned is way to high even if you salary per month was a lakh. They can claim recovery only on the basic pay and not on the entire amount according to the laws, however in your appointment letter if it has been mentioned that you will be liable to pay the entire salary due for the notice period/ the company will pay the salary lieu of notice if they relive you earlier than the actual date of resignation, then it becomes legal as you would have agreed to it by signing the letter. On the other hand since your resignation letter has been signed by your reporting manager or supervisor. It shows that they have accepted your resignation.
You needn't worry much on this issue as they will not be able to do any thing, However advice you to go through your appointment letter where it talks about Termination of Employment. If they talk about paying only basic pay as notice period settlement you can always take up this issue with the Labour Dept and file a case against your previous employer.
Cheers,
Karthik.I
From China, Beijing
hi .. i have just joined this blog..
indra can you please tell me if you had paid the amount and if there was any legal action taken against you. i too have recieved a recovery letter from my company asking for a huge amount. need your advice please do respond.
thanx
From India, Mumbai
indra can you please tell me if you had paid the amount and if there was any legal action taken against you. i too have recieved a recovery letter from my company asking for a huge amount. need your advice please do respond.
thanx
From India, Mumbai
Hello All,
I am also facing same issue. I joined company jan end and due to some emergency i wen on leave from march first week.
That leave goes extend so i send resignation mail to my team lead & project manager before my leave period get expire.
but they didn't reply on mail, when i contacted to my team lead he said we have absconded you.
Because your leave was not approved. (over telephone nothing any reply on mail except leave not approved reply)
Now they are asking for recovery amount saying you have not survived notice period. and the reason they are saying is " Stopped working without intimated."
Suggest what to do?
From India, Mumbai
I am also facing same issue. I joined company jan end and due to some emergency i wen on leave from march first week.
That leave goes extend so i send resignation mail to my team lead & project manager before my leave period get expire.
but they didn't reply on mail, when i contacted to my team lead he said we have absconded you.
Because your leave was not approved. (over telephone nothing any reply on mail except leave not approved reply)
Now they are asking for recovery amount saying you have not survived notice period. and the reason they are saying is " Stopped working without intimated."
Suggest what to do?
From India, Mumbai
A topic started in 2009 going live in 2016!!! Its is good and hope that all who have participated in the discussion are still very active in citehr.
If you read my earlier posts to this thread you will fins that there is to be followed a procedure to terminate an employee. At the same time, you can terminate a probationer without much procedures but following what is the terminal clause in the contract of employment. I understand that Ndram's case is similar to one during probation. If your appointment letter says that during probation period your services shall be terminated without notice and without assigning any reason, then the act of employer demanding notice period will be illegal. This is because during probation period, there is no notice period as per aforesaid presumption. Now, if there is no probation and or during probation also a notice period is to be served, then you will have to follow that. Again, in the case of an employee coming under the definition of workman or an employee to whom nobody reports, this notice period stipulation will not be binding even if the appointment order has a specific clause in it. This is because you cannot have a service condition which is not legally binding and against the Industrial Disputes Act.
Coming to the practical side from an HR person, I should also say that joining an organisation pulling behind all other candidates who really want a job and then taking leave on personal ground, then extending the same for another spell and finally putting the paper when you get a BETTER opportunity cannot be viewed as a logical approach. If the HR or the Reporting Officer has not approved the leave request, you should only be regarded as absconding from work on the ground of which employer can very well terminate you from service. Whether the employer and demand notice pay is different thing. In effect, they cannot do so if there is a probation clause like that discussed above. But they can record your service with absconding and this may have negative impact on your career.
Therefore, I advise that you should have an amicable settlement with the employer by meeting him in person. If you go legally, the result may be in favour of you, provided you were a workman category employee and on the other hand, if you were under supervisory role, I am sure that you cannot win the battle. Of course, the terms of employment have much to say and it is very important to let us know whether you were under probation or not and if there were separate terminal clauses attached to probation.
Madhu.T.K
From India, Kannur
If you read my earlier posts to this thread you will fins that there is to be followed a procedure to terminate an employee. At the same time, you can terminate a probationer without much procedures but following what is the terminal clause in the contract of employment. I understand that Ndram's case is similar to one during probation. If your appointment letter says that during probation period your services shall be terminated without notice and without assigning any reason, then the act of employer demanding notice period will be illegal. This is because during probation period, there is no notice period as per aforesaid presumption. Now, if there is no probation and or during probation also a notice period is to be served, then you will have to follow that. Again, in the case of an employee coming under the definition of workman or an employee to whom nobody reports, this notice period stipulation will not be binding even if the appointment order has a specific clause in it. This is because you cannot have a service condition which is not legally binding and against the Industrial Disputes Act.
Coming to the practical side from an HR person, I should also say that joining an organisation pulling behind all other candidates who really want a job and then taking leave on personal ground, then extending the same for another spell and finally putting the paper when you get a BETTER opportunity cannot be viewed as a logical approach. If the HR or the Reporting Officer has not approved the leave request, you should only be regarded as absconding from work on the ground of which employer can very well terminate you from service. Whether the employer and demand notice pay is different thing. In effect, they cannot do so if there is a probation clause like that discussed above. But they can record your service with absconding and this may have negative impact on your career.
Therefore, I advise that you should have an amicable settlement with the employer by meeting him in person. If you go legally, the result may be in favour of you, provided you were a workman category employee and on the other hand, if you were under supervisory role, I am sure that you cannot win the battle. Of course, the terms of employment have much to say and it is very important to let us know whether you were under probation or not and if there were separate terminal clauses attached to probation.
Madhu.T.K
From India, Kannur
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