As you are saying they are taking legal action then police will involve into it.
Please go through the policies of the company.
Take this very serious. B'coz the company can't mail or issue the notice saying you have to pay some amount which is so much, do not sign any where if they ask you to do.
From India, Pune
1Please go through the policies of the company.
Take this very serious. B'coz the company can't mail or issue the notice saying you have to pay some amount which is so much, do not sign any where if they ask you to do.
From India, Pune
My Dear Friends,
I am amazed at the rather flippant advice some members have offerred.
Well then it is your backside which is one fire, not theirs. Please do not follow some of the very immature advice that has been offered.
Take the matter seriously.
Son, you are in a bit of trouble.
Let me get the facts right:
1. You worked in a software company for 4.8 years and then left their services without giving any notice.
Did you submit your resignation letter or did you just walk away one fine day?
2. What are terms spelt out in the Exit Clause in your appointment letter?
3. You worked for 10 days in the month that you left the Co. without giving any notice. This may be the reason that you have stated that 10 day's salary is left with them.
4. My I also suppose that you did not go though with the “Handing Over Process”. This means that you may have had some of the Co.’s property/ies with you in your possession when you left and wich you did NOT return.
You should have handed these over when you left.
5. You have not signed any Bond with the Co.
Now let us examine the situation you are actually in:
The Suggested Course of Action:
You may like to:
Feel free to contact me anytime should you feel the need to do so.
Best Wishes,
Vasant Nair
From India, Mumbai
I am amazed at the rather flippant advice some members have offerred.
Well then it is your backside which is one fire, not theirs. Please do not follow some of the very immature advice that has been offered.
Take the matter seriously.
Son, you are in a bit of trouble.
Let me get the facts right:
1. You worked in a software company for 4.8 years and then left their services without giving any notice.
Did you submit your resignation letter or did you just walk away one fine day?
2. What are terms spelt out in the Exit Clause in your appointment letter?
3. You worked for 10 days in the month that you left the Co. without giving any notice. This may be the reason that you have stated that 10 day's salary is left with them.
4. My I also suppose that you did not go though with the “Handing Over Process”. This means that you may have had some of the Co.’s property/ies with you in your possession when you left and wich you did NOT return.
You should have handed these over when you left.
5. You have not signed any Bond with the Co.
Now let us examine the situation you are actually in:
- You are governed by the stipulations mentioned in your Appointment Letter. You are obliged to give to the Company the Notice Period stated in the Exit Clause.
- If you did submit your resignation letter, the wording of the same are important.
- Well you are liable to compensate for the Notice Period that you did NOT give to the Co. Generally it is the Gross Salary wish is the basis of calculating the amount.
- You will have to return the Co.’s property/ies in case you have any of these in your possession.
The Suggested Course of Action:
You may like to:
- Call up the HR person and prevail upon him to meet with you.
- Explain to him your side of the story which led to your exit from the Co.
- Offer to pay up for the shortfall in the Notice Period as mentioned in the Appointment Letter given to you.
- Also make out a list of items of Co.’s property in your possession and hand these over and obtain a receipt for the items you have handed over. This is VERY IMPORTANT.
- Request the HR guy to settle your dues in Full & Final and give you a relieving letter.
- If all this fails, yes then you will require a smart Lawyer to take up you issue.
Feel free to contact me anytime should you feel the need to do so.
Best Wishes,
Vasant Nair
From India, Mumbai
Not only You,many IT company employees are doing this mistake, that is not giving resignation letter/information about leaving. Just they walk out. But they think that the company should not take any action against them. How it is possible to a company which give training and hefty salary to them. If the company is not giving any appointment order on joining, will the employee accept this?
You are hereby advised to contact the previous employer and explain your situation and get proper releif.
From India, Madras
You are hereby advised to contact the previous employer and explain your situation and get proper releif.
From India, Madras
Dear Shri Sumant,
It is very clear from the opinions of our members that-
1) You should always stick to the conditions that you agree upon in appointment letter as you have signed it as a token of acceptance. Any violation thereof should always be supported with some legal/logical justification to stand later on.
2) Now, as you have got the legal notice prepare to respond to it in consultation with some legal expert and prepare on 2 scenarios-
Firstly if you find things in your favour, plz respond to the legal notice in a humble manner and then call up the respective HR and seek the compromise to resolve it.
Secondly if you do not find things in your favour, first speak to the hr try and understand what they want and why r they doing it? I am sure none of the hr department is available to entertain and pull up more of such issues.
Handle it tactfully, resolve it with little compromise and continue with your current job with a learning that you should always stick to simple and regular process of leaving an organization. Circumstances might be challenging sometimes but organizations and you as a professional are supposed to be disciplined entities.
From India, Mumbai
It is very clear from the opinions of our members that-
1) You should always stick to the conditions that you agree upon in appointment letter as you have signed it as a token of acceptance. Any violation thereof should always be supported with some legal/logical justification to stand later on.
2) Now, as you have got the legal notice prepare to respond to it in consultation with some legal expert and prepare on 2 scenarios-
Firstly if you find things in your favour, plz respond to the legal notice in a humble manner and then call up the respective HR and seek the compromise to resolve it.
Secondly if you do not find things in your favour, first speak to the hr try and understand what they want and why r they doing it? I am sure none of the hr department is available to entertain and pull up more of such issues.
Handle it tactfully, resolve it with little compromise and continue with your current job with a learning that you should always stick to simple and regular process of leaving an organization. Circumstances might be challenging sometimes but organizations and you as a professional are supposed to be disciplined entities.
From India, Mumbai
Dear Sumanta
you follow the course of action suggested by vasant Nair to solve your problem.
please note that if you were working below managerial category and indulge in to several misconduct as enumerated in Rule 14 of The Industrial Employment (Standing Orders) Central Rules, 1946 first of all company has to conduct enquiry, let the charges be proved then only company can impose fine / penalty.
Secondly, if you have not resigned and away from your service for 4 years, in this case why company has not followed the principal of natural justice by issuing charge sheet & conducting enquiry.
while discussing your issue with your advocate, please bring his notice that in Industrial Employment, terms of contract are not only expressed but they are implied also.
Don't loose hope.
All the best.
NKJ
disturbed
moreover,
From India, Karwar
you follow the course of action suggested by vasant Nair to solve your problem.
please note that if you were working below managerial category and indulge in to several misconduct as enumerated in Rule 14 of The Industrial Employment (Standing Orders) Central Rules, 1946 first of all company has to conduct enquiry, let the charges be proved then only company can impose fine / penalty.
Secondly, if you have not resigned and away from your service for 4 years, in this case why company has not followed the principal of natural justice by issuing charge sheet & conducting enquiry.
while discussing your issue with your advocate, please bring his notice that in Industrial Employment, terms of contract are not only expressed but they are implied also.
Don't loose hope.
All the best.
NKJ
disturbed
moreover,
From India, Karwar
Dear Sumanta,
1. You have admitted that you left the coy without one month notice. In otherwords, your appointment order and as well your coy's staff regulations are stipulating one month notice period. This is in violation of the terms of employment. This perio of one month is kept by the coy, not to force you in the same employment for one month. This is kept by the coy to two purposes :
a. To ensure safe handing over / transition of all responsibilities, assets, technologies, softwares etc., vested with you to your successor or to the one nominated by the coy
b. To get the successor acquainted with updates in your job
c. To protect the interests of the coy and the existing employees.
These aspects form part of the legal proceeding if switched on.
2. However, the lee way is to compensate the coy with Pay in lieu of salary. It does not mean, one can run away from the coy, without intimation, resignation or relieving letter. This lee way is upheld legally,only when the outgoing employee is with " Clean hands". Facts of the case are best known to the outgoing employee only. If his hands are clean, he need not worry about the legal proceedings.
3. However, non-returning of the academic certificate may be construed as violation of fundamental rights of the employee, under constitution of India.
One can take his own valued judgement of the individual case, with out bias.
Hope, the required material is provided to you, Sir,
V.V.Prasad CS
From India, Hyderabad
1. You have admitted that you left the coy without one month notice. In otherwords, your appointment order and as well your coy's staff regulations are stipulating one month notice period. This is in violation of the terms of employment. This perio of one month is kept by the coy, not to force you in the same employment for one month. This is kept by the coy to two purposes :
a. To ensure safe handing over / transition of all responsibilities, assets, technologies, softwares etc., vested with you to your successor or to the one nominated by the coy
b. To get the successor acquainted with updates in your job
c. To protect the interests of the coy and the existing employees.
These aspects form part of the legal proceeding if switched on.
2. However, the lee way is to compensate the coy with Pay in lieu of salary. It does not mean, one can run away from the coy, without intimation, resignation or relieving letter. This lee way is upheld legally,only when the outgoing employee is with " Clean hands". Facts of the case are best known to the outgoing employee only. If his hands are clean, he need not worry about the legal proceedings.
3. However, non-returning of the academic certificate may be construed as violation of fundamental rights of the employee, under constitution of India.
One can take his own valued judgement of the individual case, with out bias.
Hope, the required material is provided to you, Sir,
V.V.Prasad CS
From India, Hyderabad
Dear Sumanta;
I understand, when one is seeking legal advice on certain legal issue, he/she needs to open all his/her cards for right kind of advice. In this case, you need to attach a copy of your appointment letter or an agreement with the company, company’s rules and regulation about keeping your 12th original certificate, a copy of your resignation letter, a copy of the notice issued by your previous company. I think any an advocate will require some basic documents, before advising you on the issue. Otherwise all advices will be vague, and will not help you much. This group has several learned and intelligent members, with legal as well as HR background. I believe, you need to know how to present your case in best manner, to yield best results, without spending anything. Otherwise your efforts and others advice will be in vain.
His Blessings;
Sharad
From India, Ahmadabad
I understand, when one is seeking legal advice on certain legal issue, he/she needs to open all his/her cards for right kind of advice. In this case, you need to attach a copy of your appointment letter or an agreement with the company, company’s rules and regulation about keeping your 12th original certificate, a copy of your resignation letter, a copy of the notice issued by your previous company. I think any an advocate will require some basic documents, before advising you on the issue. Otherwise all advices will be vague, and will not help you much. This group has several learned and intelligent members, with legal as well as HR background. I believe, you need to know how to present your case in best manner, to yield best results, without spending anything. Otherwise your efforts and others advice will be in vain.
His Blessings;
Sharad
From India, Ahmadabad
How much is it compulsary to give the one month notiece perieod during resign time . harish
From India, Dehra Dun
From India, Dehra Dun
Dear Sumanta,
Have you joined other company? If not! Send a resignation letter now. Also ask them for reliving from the services and pay notice pay what ever days as per your agreement of employment. It will save you from dual employment. Also ask them to return your original certificate of 12 std. Approach diplomatically in first instant, try to solve amicably.
Talk directly to the HR department and ask for reliving. You have work 4.8 years with this company, they will definitely support you.
If you do not get supportive approach from the company, go to the advocate, and face this situation legally.
You have lost gratuity of 2and half month salary just because of 04 month short service.
You have been continuously harassed by the senior to get rid off from the roll to avoid gratuity payment and that was done purposely on management direction.
They kept original certificate AS "MORTGAGE" which is wrong by practice.
Some more suggestions will come from the legal expert.
BUT YOU DO NOT WORRY.........! Take it very proactively and be cool.
Thanks,
If you are working with any company, do not share with any one at any cost.
Kashi
From India, Benaulim
Have you joined other company? If not! Send a resignation letter now. Also ask them for reliving from the services and pay notice pay what ever days as per your agreement of employment. It will save you from dual employment. Also ask them to return your original certificate of 12 std. Approach diplomatically in first instant, try to solve amicably.
Talk directly to the HR department and ask for reliving. You have work 4.8 years with this company, they will definitely support you.
If you do not get supportive approach from the company, go to the advocate, and face this situation legally.
You have lost gratuity of 2and half month salary just because of 04 month short service.
You have been continuously harassed by the senior to get rid off from the roll to avoid gratuity payment and that was done purposely on management direction.
They kept original certificate AS "MORTGAGE" which is wrong by practice.
Some more suggestions will come from the legal expert.
BUT YOU DO NOT WORRY.........! Take it very proactively and be cool.
Thanks,
If you are working with any company, do not share with any one at any cost.
Kashi
From India, Benaulim
Dear sumanta,
There is nothing to worry on the legal notice. But its your mistake, as you walked out just like anything without giving notice period or resignation letter. Usually most of the companies behave like this in such situations.
No problem, you can approach your previous company's HR department & explain your situation and you want to get relieved. But please keep in mind you should be cool while talking and don't mention any particular person's name, whom harassed you. They might ask you to come for a week or two for handing over process on the projects you was involved. Just go and complete it, if you haven't joined any company yet. The HR department will help you and give you their whole support to get relieving letter and your certificates back.
Till that don't take any action on that legal notice. You should give reply notice to them, only if the HR or management didn't respond properly. Don't worry they will not take any police action against you.
But don't do the same in to your next employer or company you join.
All the best.
regards,
dinesh.
From India, Madras
There is nothing to worry on the legal notice. But its your mistake, as you walked out just like anything without giving notice period or resignation letter. Usually most of the companies behave like this in such situations.
No problem, you can approach your previous company's HR department & explain your situation and you want to get relieved. But please keep in mind you should be cool while talking and don't mention any particular person's name, whom harassed you. They might ask you to come for a week or two for handing over process on the projects you was involved. Just go and complete it, if you haven't joined any company yet. The HR department will help you and give you their whole support to get relieving letter and your certificates back.
Till that don't take any action on that legal notice. You should give reply notice to them, only if the HR or management didn't respond properly. Don't worry they will not take any police action against you.
But don't do the same in to your next employer or company you join.
All the best.
regards,
dinesh.
From India, Madras
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Legal Notice.pdf