Legal notice is real or fake ?
An employee joins a company. Works for out of country project for more than 1 year 6 month .
After employee returns he asks for few claims, compensation and salary part. As company was again intended to send the employee for another foreign engineering project, which he was not interested to go and want to resign . Company at first didn't denied that they have to pay all that. But after some months of continuous follow up (after resigning) employee losses temper on now ex-employer. Tension arised between both of them from police complaints threat to legal notice.
My basic question is what went wrong? What corrective action could be taken from employee side as I m from his side.
Another thing is that employee received an emailed from that ex-employer with scanned letter written some legal notice like you instigated fellow team members, your performance was not good. To me it didn't seem like legal notice . As far as I could remember only court could forward legal notice (please note the legal notice format is there like -- is Pvt company and. /--/ joined it and ----- did this and that). According to me employer just wants to scare employee or warn of it. May I know what legal procedure company will have to follow?
From India, Gurgaon
An employee joins a company. Works for out of country project for more than 1 year 6 month .
After employee returns he asks for few claims, compensation and salary part. As company was again intended to send the employee for another foreign engineering project, which he was not interested to go and want to resign . Company at first didn't denied that they have to pay all that. But after some months of continuous follow up (after resigning) employee losses temper on now ex-employer. Tension arised between both of them from police complaints threat to legal notice.
My basic question is what went wrong? What corrective action could be taken from employee side as I m from his side.
Another thing is that employee received an emailed from that ex-employer with scanned letter written some legal notice like you instigated fellow team members, your performance was not good. To me it didn't seem like legal notice . As far as I could remember only court could forward legal notice (please note the legal notice format is there like -- is Pvt company and. /--/ joined it and ----- did this and that). According to me employer just wants to scare employee or warn of it. May I know what legal procedure company will have to follow?
From India, Gurgaon
In what capacity the employee was working viz Engineer/Manager or what.
what were the terms and condition of employment in respect of abroad placement/transfer and in respect of resignation, any bond etc signed.
whether employee has resigned or employer- employee relationship still subsists. whether the employee got his all remunerations/salary etc from the company.
any wrong/violation of company code/rules etc from employee side
these are certain question which is necessary to disclose before answering your question from right approach and to suggest proper way forward.
No need to be wrorry about the letter sent by employer, such things has been always being raise by employer to create pshcologycal pressure on employee and avoid this part of formalities to be complete from their side.
there is any violation of rule/code than certain employer may send showcause notice/charge sheet and need to conduct enquiry. if no such issue and you have already resigned you can revert to the letter after discussion with some labour consultant and can raise demand notice for your pending salary/F&F and other due admissiable.
87what were the terms and condition of employment in respect of abroad placement/transfer and in respect of resignation, any bond etc signed.
whether employee has resigned or employer- employee relationship still subsists. whether the employee got his all remunerations/salary etc from the company.
any wrong/violation of company code/rules etc from employee side
these are certain question which is necessary to disclose before answering your question from right approach and to suggest proper way forward.
No need to be wrorry about the letter sent by employer, such things has been always being raise by employer to create pshcologycal pressure on employee and avoid this part of formalities to be complete from their side.
there is any violation of rule/code than certain employer may send showcause notice/charge sheet and need to conduct enquiry. if no such issue and you have already resigned you can revert to the letter after discussion with some labour consultant and can raise demand notice for your pending salary/F&F and other due admissiable.
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Legal Notice.pdf