Hi, I was working in a place for about three months now. I started work on 15/12/14 and only received my appointment letter on 25/12/14. On top of that, my appointment letter stated the date 1/12/14, which is not logical as I only went for the interview on 2/12/14.
I was basically not happy at work as the boss gets furious over petty things. He also doesn't like the staff leaving at 6 pm. My parents don't like me coming home as I'm a girl and the youngest in the family, plus my dad's car got robbed, and it was not safe to come back late.
I discussed with my boss; he said alright, but still, when the clock ticks 5.30 pm, that's when he gave us the job to complete. In conclusion, I wasn't happy because he was too harassing us.
I left on 31/3/15 after receiving my salary. I gave in an immediate notice of termination. They confirmed my employment on 25/3/15, but there was no proof of receipt. So I took that as a backup and left.
Now they have sent me three letters in total from the company stating that I have to pay, and non-compliance will lead to a legal notice. (The boss's wife is a lawyer). So, I left it aside and didn't bother. Now the legal notice has been issued, and they have asked me to pay the salary in lieu; if not, they will charge me in court. Now I'm not sure what to do at this state. I have not gone to the labor office. I hope I can get some answers.
From Malaysia, Shah Alam
Acknowledge(0)
Amend(0)
I was basically not happy at work as the boss gets furious over petty things. He also doesn't like the staff leaving at 6 pm. My parents don't like me coming home as I'm a girl and the youngest in the family, plus my dad's car got robbed, and it was not safe to come back late.
I discussed with my boss; he said alright, but still, when the clock ticks 5.30 pm, that's when he gave us the job to complete. In conclusion, I wasn't happy because he was too harassing us.
I left on 31/3/15 after receiving my salary. I gave in an immediate notice of termination. They confirmed my employment on 25/3/15, but there was no proof of receipt. So I took that as a backup and left.
Now they have sent me three letters in total from the company stating that I have to pay, and non-compliance will lead to a legal notice. (The boss's wife is a lawyer). So, I left it aside and didn't bother. Now the legal notice has been issued, and they have asked me to pay the salary in lieu; if not, they will charge me in court. Now I'm not sure what to do at this state. I have not gone to the labor office. I hope I can get some answers.
From Malaysia, Shah Alam
Acknowledge(0)Amend(0)
Did your appointment letter have any clause about resignation, termination, etc.? Some bosses are like this - they will load you with work just before closing time. One will have to learn to tackle such working conditions.
Now, as far as the letters from the company are concerned, you need to see whether the notice period for resignation was specified. Did the company clear your resignation after you intimated that you don't want to work with them any further? Do you have any documentary proof of the acceptance of resignation?
Anyway, you need to provide more information for people to advise you. What were the terms of employment? What post were you working? If it becomes a legal challenge, you have enough evidence of the casual attitude of the company - you joined on 15-1-14, but their appointment order is from 1-12-2014.
Of course, you must see how to avoid legal battles because they are costly and time-consuming.
From India, Pune
Acknowledge(0)Amend(0)
3251Now, as far as the letters from the company are concerned, you need to see whether the notice period for resignation was specified. Did the company clear your resignation after you intimated that you don't want to work with them any further? Do you have any documentary proof of the acceptance of resignation?
Anyway, you need to provide more information for people to advise you. What were the terms of employment? What post were you working? If it becomes a legal challenge, you have enough evidence of the casual attitude of the company - you joined on 15-1-14, but their appointment order is from 1-12-2014.
Of course, you must see how to avoid legal battles because they are costly and time-consuming.
From India, Pune
Acknowledge(0)Amend(0)
Yes, the clause states that resignation is for 1 month. They didn't accept the resignation because it was immediate. I was working as an account clerk. It will be time-consuming, but I left because I just joined a new place to work. Due to my commitments, I had to find a workplace as soon as possible.
From Malaysia, Shah Alam
Acknowledge(0)Amend(0)
From Malaysia, Shah Alam
Acknowledge(0)Amend(0)
Since, as told by you, the appointment letter is antedated w.e.f. 1.12.2014, although your interview was held on 2.12.2014 and you joined on 15.12.2014, it is evident that the offer of appointment or appointment was antedated and fabricated with ulterior motive to deny your right to resign immediately during probation. The employer knew well his harassing attitude because of which an employee may leave him immediately. Send him a reply through an advocate that the appointment letter dated 1.12.2014 was fabricated and antedated by him and if he intends to pursue in court, he will be liable for prosecution of forgery and contempt of court besides harassing you and doing unfair labor practice. If the confirmation letter was not served upon you, then you were on probation and could have left immediately.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Your ex-boss's wife is a lawyer; she will, in all probability, tell her husband that one should approach the court with clean hands. He has given you an antedated appointment letter. He intentionally delays staff by loading them with work just before the end of working hours.
While your boss may have a notice period of one month, he is wrong in some aspects. When he receives a proper reply from an advocate, he will step back and drop the idea of pursuing your matter legally.
From India, Pune
Acknowledge(0)Amend(0)
While your boss may have a notice period of one month, he is wrong in some aspects. When he receives a proper reply from an advocate, he will step back and drop the idea of pursuing your matter legally.
From India, Pune
Acknowledge(0)Amend(0)
I hope so Nathrao. I will consult an advocate in this matter. The same goes for my colleague. She was employed in May 2014 but only received her appointment letter in January 2015. Additionally, she was under wage calculation and not paid the Employers Provident Fund. She also received a letter of demand because she, too, left together with me.
From Malaysia, Shah Alam
Acknowledge(0)Amend(0)
From Malaysia, Shah Alam
Acknowledge(0)Amend(0)
Since your colleague was paid less wages than agreed, she was entitled to revoke the contract without any liability. Instead, she can claim wages that were not paid by the employer but were due to be paid. Ask her to approach the labor commissioner to get the dues.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
One must look for a peaceful atmosphere to carry on with life. A stressed life filled with legal hassles and tension is not good for holistic well-being. Disputes, court cases, and labor commissioners are all agencies to approach when things go beyond a certain level. I would suggest that if you or your friend get pestered by legal notices or other pressures, then hit back legally. Both of you have the material to respond as per what you have written. Until then, live life fully and enjoy it to the brim. This is my philosophy in life.
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
Yes, I fully concur with Mr. Nathrao. As far as possible, avoid legal resorts. However, when the employer himself is stooping down to such levels, not replying through an advocate can work against the employee in further court proceedings.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Hi Sushil,
It will affect my reputation if I bring it to court. It will also cause them shame if I were to bring out a lot of things, and they will lose employees once they know. I don't wish to do anything about it until I receive the lawyer notice by hard copy because now they have only sent it to my email, and it's stated that it's by 'registered post,' but until now, I have not received anything. When I do, I will get advice from the labor department.
From Malaysia, Shah Alam
Acknowledge(0)Amend(0)
It will affect my reputation if I bring it to court. It will also cause them shame if I were to bring out a lot of things, and they will lose employees once they know. I don't wish to do anything about it until I receive the lawyer notice by hard copy because now they have only sent it to my email, and it's stated that it's by 'registered post,' but until now, I have not received anything. When I do, I will get advice from the labor department.
From Malaysia, Shah Alam
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Withdrawl of Resignation and Notice period.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf