Legal notice: Real or fake?
An employee joins a company and works on an out-of-country project for more than 1 year and 6 months.
After the employee returns, he requests certain claims, compensation, and salary owed. The company, planning to send the employee on another foreign engineering project, which he is not interested in, and he decides to resign. Initially, the company did not deny the obligations, but after months of continuous follow-up post-resignation, the employee loses his temper with his former employer. Tension escalates between them, leading from threats of police complaints to the possibility of legal action.
My main question is: What went wrong? What corrective actions can be taken from the employee's side, as I am representing him?
Additionally, the employee received an email from the ex-employer containing a scanned letter resembling a legal notice, accusing the employee of instigating fellow team members and citing poor performance. However, it does not appear to be a formal legal notice, as I recall that only a court can issue one (please note that the format resembles a standard legal notice with details about the private company and the employee's actions). It seems that the employer is attempting to intimidate or warn the employee. Can you clarify the legal procedures the company must follow in this situation?
From India, Gurgaon
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An employee joins a company and works on an out-of-country project for more than 1 year and 6 months.
After the employee returns, he requests certain claims, compensation, and salary owed. The company, planning to send the employee on another foreign engineering project, which he is not interested in, and he decides to resign. Initially, the company did not deny the obligations, but after months of continuous follow-up post-resignation, the employee loses his temper with his former employer. Tension escalates between them, leading from threats of police complaints to the possibility of legal action.
My main question is: What went wrong? What corrective actions can be taken from the employee's side, as I am representing him?
Additionally, the employee received an email from the ex-employer containing a scanned letter resembling a legal notice, accusing the employee of instigating fellow team members and citing poor performance. However, it does not appear to be a formal legal notice, as I recall that only a court can issue one (please note that the format resembles a standard legal notice with details about the private company and the employee's actions). It seems that the employer is attempting to intimidate or warn the employee. Can you clarify the legal procedures the company must follow in this situation?
From India, Gurgaon
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In what capacity was the employee working, i.e., Engineer/Manager or other?
What were the terms and conditions of employment regarding abroad placement/transfers, resignations, any bonds signed, etc.?
Has the employee resigned, or does the employer-employee relationship still exist? Has the employee received all remunerations/salaries owed by the company?
Any wrongdoing/violation of company codes/rules by the employee?
These are certain questions that need to be addressed before providing a proper response and suggesting a way forward.
No need to worry about letters sent by the employer; such actions are often taken to exert psychological pressure on the employee and avoid completing necessary formalities.
If there is a violation of rules/codes, the employer may issue a show-cause notice/charge sheet and conduct an inquiry. If there are no issues and you have already resigned, you can respond to the letter after consulting with a labor consultant and demand pending salary/full and final settlement, and any other dues owed.
From India, Delhi
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99What were the terms and conditions of employment regarding abroad placement/transfers, resignations, any bonds signed, etc.?
Has the employee resigned, or does the employer-employee relationship still exist? Has the employee received all remunerations/salaries owed by the company?
Any wrongdoing/violation of company codes/rules by the employee?
These are certain questions that need to be addressed before providing a proper response and suggesting a way forward.
No need to worry about letters sent by the employer; such actions are often taken to exert psychological pressure on the employee and avoid completing necessary formalities.
If there is a violation of rules/codes, the employer may issue a show-cause notice/charge sheet and conduct an inquiry. If there are no issues and you have already resigned, you can respond to the letter after consulting with a labor consultant and demand pending salary/full and final settlement, and any other dues owed.
From India, Delhi
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Legal Notice.pdf