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Thread Started by #sikydv

Hi
I had to leave my previous employer CSC without serving the required notice period of 2 months due to some unavoidable personal reasons. Now they have sent me a letter saying I need to pay around 1 Lakhs as Short Notice Recovery. Also if I do not pay, they will take legal action.
What should I do? Does anyone know if these companies really take legal action or are they just trying threat tactics?
Thanks.
18th November 2011 From United States, San Diego
1. Joining date July 2011. Left in Sept 2011.
2. The appointment letter mentions a notice period of two months but does not say anything about any legal action or short notice recovery.
3. No. I did not sign any bond. I just signed the offer letter. It only says that there will be no relieving letter and settlement of dues will be at the sole discretion of management.
18th November 2011 From United States, San Diego
Hi,
sikydv dont do such things and you dont have any bond rule in ur company and same thing happend to me due to good offer but my full&final stopped due to leftservice without notice period .
So dont take any F&F settlement and dont claim PF transfer the amount from the previous company to present company.
They are just manipulating dont believe such people.
Regards,
Sudhir KUmar
18th November 2011 From India, Visakhapatnam
Dear Sikydv,
As per the above discussion. No company has rights to stop F&F legally. If you have mentioned to your reporting boss in the previous organisation (written) then its a valuable proof.
And according to the appointment letter of any company states that if any person is not giving the notice period then it will be adjusted on basic salary. If in case there is bond, you need to adjust accordingly. And there is no bond, then company cannot claim roughly Rs.1 Lacs as recovery, even company will not have such supporting docs to prove. On the other hand you can without any doubt can ask the company to justification of recovery of Rs. 1 lacs (that too under the law). If not then chill out.
You can claim for F&F and PF withdrawal. As per the PF law non of the company have rights to stop or permit against withdrawal in any circumstances (leaving without notice or others). There can be disciplinary action against the company or the authorized person.
18th November 2011 From India, Mumbai
Employment is a sort of contract. The agreed terms have to be fulfilled by either party. If there is a breach, legal action is possible. Some members said it is not possible but their versions are wrong.
Pon
18th November 2011 From India, Lucknow
Dear Sir
I am working i garments company from 2005 september 16th to till date now i want to resign my job, but i don't have any appointment letter, how can i will get my F&F and if 5 years is over i will get gratuty
please advice me
mallikarjun
19th November 2011 From India, Bangalore
My Dear Friend,
The stipulation in exit clause in your appointment letter will prevail in these circumstances. You were required to give to the Company two months' notice before leaving the organization., You just went away without giving this stipulated notice.
Under the circumstances you are obliged to pay to the Company a sum equivalent to the shortfall in the two months' notice period. Calculate the amount and pay the amount by cheque.
Obtain receipt and confirmation from the Company that the money towards the notice period has been received by them and get your clearance ceritificate from them.
Yes, the Company would be within their rights to take appropriate legal action against you for recovery of dues.
For any further advise please do feel free to call me on my Mobile: 09717726667.
Best Wishes,
Vasant Nair
19th November 2011 From India, Mumbai
Hello Sikydv...Don't believe Pon.You can always say that u had given a written one month of notice period and hand delivered it to the concerned person.Also say that u where given a full and final settlement form that u filled and submitted it back.Do u know how many employees where thrown out by the companies during the 2008 recession without any notice period or the notice period amount.Why should u be afraid?
19th November 2011 From India, Ahmadabad
Rather I would sugest you to ask them to give this comunication in writing.
Once they send it to you.
Take legal action against them by claiming harrasment charges against them.
It really helps. I have done so.
19th November 2011 From India, Gurgaon
Hi SikyDV
From your mail, i understand you have quit an IT firm. I have few observations
Either today or in the coming days, if you get any other offer and if the prospective HR goes for a Employment Verification, a negative remark might leave you in problems
Looking at the Onsite opportunities and if you require any continuous employment proofs from your ex-employers and if you need the help of CSC, you would be in problems
Suggest, you talk to the HR at CSC and settle the matter amicably and come out with proper relieving letter so as to avoid any problems in future.
Regards
Kumar
19th November 2011 From India, Hyderabad
I never told anyone to believe my version. But what you are suggesting to a member is misleading. Pon
19th November 2011 From India, Lucknow
Dear All, Yes Mr. Pon is right, Please read carfully Industrial Dispute Act than think… if you are not confirmed about this please don’t misguide. Thank, Regards, J.N.Modi
19th November 2011 From India, New Delhi
Dear sikydv,
if the terms of appointment speaks about notice period then you are bound to give it. But check up whether the notice period condition is applicable after your confirmation. Now what is your status whether on pribation or confirmed. So the notice period condition is applicable accordingly and the payment to that effect also.
S.g.krishnan
19th November 2011 From India, Chandigarh
Dear seniors, If any terms of the contract of employment are against the basic law, can it admissible or enforceable? like bounded employment. regard karamjit
19th November 2011 From India, Chandigarh
Hi
every company has mention their rules in their appointment letter clearly,in that appointed person is liable to follow that rules as he/she has signed on that paper.some companies had mention some hidden points in appointment letter, just check with your appointment letter is there any such kind of point.otherwise there is no point to take action against you.
with regards
kavita kapoor
19th November 2011 From India, Delhi
I think the answer is somewhere in the middle, but I'm more inclined to what Cliford says.
In the contractual sense, if there is a contract and one party breaks it then the other/innocent party is technicially liable to receive compensation. However, the key question is: has the company suffered any damage that can be calculated in money terms? If so, what action has the company taken - if any - to minimise the monetary damage they say they have suffered? For example, were there people who covered the work you would have done and were these people paid any more money for doing so?
If the company took any court action, then any court would want to know what any monetary loss was and what actions the company took to minimise them. I suspect the main problem here is that the company feels let down because you didn't give the contractual notice period and want some kind of revenge.
19th November 2011 From United Kingdom, London
if you signed and accepted for the terms and conditions of appointment order you have to accept it. at the same time terms and conditions should not violate any legal provisions. if so you can challenge it before the court of law.
you send a notice to your employer asking how he can asking for one lakh rupees and is it acceptable for them if you are willing to pay for the notice period.
now a days many of the companies not following healthy exit procedures. :-)
at the same time one should not trouble your previous company without working for notice period. you may have your valid reasons for it.
try to solve the issue amicably. or else just take any legal opinion and proceed further..

first you go and meet your previous employer and talk to him about the issue.
Much regards,
nagarjuna kandimalla
9885403060
19th November 2011 From India, Hyderabad
Hi,
In My Opinion, If the process of exit was not followed in accordance to the comapny rules and the terms mentioned in the appointment letter,then Company as per its policies can go leagal,also remember that company can go to any extreme if it comes to recover its loses.
On the contrary, it is also true that you can justify your stand for leaving the job with out notice,where in if company as per its policies and under leagal grounds can take appropriate discision.You are therefore requested to approach your lawyer to resolve your problems and clear your self.
Thanks regards
Bijay
20th November 2011 From India, Vadodara
Dont worry, all they can do is not to provide you with the relieving letter and F&F compensation.
U can still have your PF transferred or withdraw it.
Bonded labor is not allowed in India, so no issues...
20th November 2011 From India, Bangalore
Dear Friends,

I am working in a PSU, since 1993. During Induction it was told to us that in India, as per a SC judgement, Bond is illegal with respect to employment, as it is one sided.Most probably abolotion of bonded labour and Article 19 or something like that. I don't remember exactly. Also Art 368 of IPC is applicable if your company holds your documents/letter or threaten any legal suit. Any complain on the company invites exemplary penalty on directors/owners. Giving these details they assured as fair treatment and no obstruction to ones wanting to leave.

As far as notice period is concerned, it is balanced contract, and you must serve or pay for notice period.

The bond for serving a minimum period because of training imparted/ personality development is enforcable if your training is given by some third party or sent to personal grooming school, management school at the cost of company. on job training and training in company's training centre can not be an excuse for a this type of bond.

All this are your legal rights,but in practice, because employee are weaker than employer, we adjust and compromise. Like your background verfification can be poisoned or your previous boss may jump job and join as your boss in current company.You only can take an informed decision

Prem
22nd November 2011 From India, Mumbai
To,
Sikdv. pon is right upto fist statement, appiontment is sort of contract but if it is mention tht to cover early leaving losses, then and the they can take any action. or else they will nt pay you you notice period wages. also they cant claim on your gratuity .
23rd November 2011 From India, Delhi
Hello Sikydv,
First of all, let me tell u they can file a case against you. But since you haven't signed any bond or there is no mention of a short notice period, their notice or claim for 1 lac is totally baseless. So you don't have to fear as the ball is in their court. In my opinion, they are only trying to threaten you and won't take any serious legal action coz they don't have a strong case.
28th November 2011 From India, Balangir
Dear Freinds,
Please help me to sort out the matter.
I had applied for my Income Tax refund thru online in Oct'2010. But till date I have not received my refund. When I checked on net it is showing that my residence address mentioned in return was wrong. Hence requested you please let me know the email Id of income tax department Bangalore or Mumbai so that I may correct my address in their record and may get the refund.
Regards,
Bhupinder Sharma
8826804888
29th November 2011 From India, Bangalore
Dear Freinds,
Please help me to sort out the matter.
I had applied for my Income Tax refund thru online in Oct'2010. But till date I have not received my refund. When I checked on net it is showing that my residence address mentioned in return was wrong. Hence requested you please let me know the email Id of income tax department Bangalore or Mumbai so that I may correct my address in their record and may get the refund.
Regards,
Bhupinder Sharma
8826804888
29th November 2011 From India, Bangalore
Though you have posted your query in the wrong thread, let me endeavour to help you.
The Refund status details can be obtained from website www.tin-nsdl.com, under "Status of Tax Refunds". In
case of any difficulty or delay in the receipt of refund, kindly call the State Bank of India Call Center number
080-26599760 to know the status of refund
Pon

29th November 2011 From India, Lucknow
Hi sikydv,
I am also in the similar situation as you.I joined CSC in 2010 but left within 15 days of joining as I was not satisfied with the job profile.I didn't serve the 2 month notice period as mentioned in the offer letter neither I paid the notice period amount as I didn't need the exp certification.
Now CSC has sent me letter to pay around 30k in leiu of the 2 month notice period or else face legal action.
Could u pls let me know how u solved ur issue.ur help will be much appreciated.
Comments from others are also welcome
29th January 2012 From India, Khopoli
Hi,

I joined a XYZ IT company in 2010. They asked me to sign a bond of 1 year, in case i leave job before 1 year i had to pay them 1 lakh rupee. The company justified it by saying that the are going to invest on my training so they need guarantee. When i joined the company, no tarining was imparted and i was directly depoloyed on project. I was a novice to that new technology. So i couldn\'t handle the pressure and i resign within 10 days after my joining.

Now company is sending me notices from lawyer and asking for money close to 1.5 lakhs (Bond money+taxes). Please let me know can the company recover that amount from me or i am liable to pay them.

Regards.

Below is the service agreement details:

Dear ___________,

As we look forward to your undergoing training, we also think it is important for you to understand the commitment the Company is making to train you, which involves a considerable investment by xxx company.

While we are happy to make that investment we expect in return that our employees will use the training to benefit the Company. Consequently, as a condition of your training, we have proposed the following:

“Should you voluntarily leave the employment of xxx for any reason within 12 months from when your

training is completed, you must reimburse the Company a sum of rupees 1,00,000 as liquidated damage.”

The attached describes in legal language the above agreement.

If the proposal is acceptable to you please sign the Letter of Consent.

Sincerely,

Name:

Designation:

LETTER OF CONSENT

I hereby opt to undergo training provided by xxx pvt ltd.

I acknowledge the fact that the Company will be spending considerable sum of money in my training. I fully

understand the liquidated damages clause of the attached agreement and undertake not to dispute the correctness

of the amount payable by me. I am executing the agreement of my own free will and volition.

Signature: ____________ Date: ____________________

Name of the Employee: ___________

GUARANTEE

This Agreement, (hereinafter referred to as “Guarantee”) entered into this day of 20

A. xxx India Private Limited, a company duly registered under the provisions of the

Companies Act, 1956,having its office at noida and together with all other

entities ultimately owned by xxx authorized representative and Mr./Ms________________________________________________ ____residing

at _____________________________________.

AND

B. Mr./Ms.________________________ S/O, D/O______________________________

R/O_________________________________________________ ________________

(Hereinafter referred to as, “Guarantor’’) who is ____________ (relationship with employee) of the

C. WHEREAS, _________________ (hereinafter referred to as “Employee”) has opted to undergo training

for a period of __________________which would deem to have begun from_____________ and

Employee out of his/her own free will and volition executes this agreement.

Guarantor’s Signature_________________

Guarantor’s Photograph

Attested By Notary
27th September 2013 From United States, Alpharetta
#Anonymous
Hi lb85,

I joined CSC but left it after 3 days from joining, due to some unavoidable reasons. I sent a formal mail to my reporting HR explaining her the issue and the reason why i would not be able to continue, after a week from the joining.

I also inform them to consider that as an formal communication from my side regarding my resignation.

Meanwhile, in between this communication, between me and HR, i received a letter from CSC saying that i can not leave like this, and i will have to serve the notice period of 2 months. They also mention in the end, they will take legal action if did not comply to the same. Now, my question is, on what ground they can take legal action. Why am i saying this is because

1. First we are in probation period, and if i am not serving the probation period, then How someone is obligated to serve notice period.

2. In our offer letter, as you must be aware of, it is clearly mentioned that, "In case you leave your employment without giving requisite notice, no relieving letter will be issued and settlement of dues will be at the sole discretion of the Management". So as for 2-3 days, no service letter is required.

I read your post, and your case is similar to me. Could you please tell me, what happened in your case, i mean you have mentioned that, you leave within 15 days and after that you were told to pay 30k?? Inputs from other member are also welcome.

Thanks

Vikas
22nd November 2013 From India, Delhi
Hi, I wanted to know, If employee absconded from organization along with companies assets in that what we should take action in legal way? Have sent two warning letter still he is not reverting.
30th August 2014 From India, Mumbai
Two aspects.
first one, leaving or absconding without proper handing over formalities or Notice period is breach of employment contract. You have to take legal action.
second, taking away company assets is tantamount to stealing or theft. FIR to be lodged with Police Station.
Pon
30th August 2014 From India, Lucknow
Hi All,
I have a similar problem, I joined an IT company but I left the job within 4 days of joining due to some personal problem. I send my resignation to my manager and company hr saying that I have leave for my hometown due to some personal problems. After 3 months they send the full and final settlement asking me to pay 1.5 lakhs for not serving 3 months notice period.
As my offer letter says I will be on probation period for first 6 months but didn't mention any notice period on probation.
But in my offer letter it is also mentioned that I have serve notice period of 3 months.
I want to know that since I was on probation for first 6 months can company demand 3 months salary in lieu of notice period in probation period.
As I read somewhere that in probation notice period will be less than 1 month.
Please let me know what to do in this situation.As company has send a letter saying if I will not pay the amount they will take legal against me.
Thanks,
Rakesh
28th October 2014 From United States, Mountain View
Hi, I worked as sales manager in an automobile industry in delhi NCR, i resigned from the job without serving any notice period and joined the competitor within a week, in my appointment letter it is mentioned that I need to serve 90 days notice period and if I don't, then I have to pay 30% of my annual remunerations.
Can my employer go legal against me?
23rd February 2015 From India, Gurgaon
Hi
I have joined an organisation on 26th Feb 2015 and discontinued my service on 20th July 2015. As my shift time was rotational I had to discontinue my service for further education. I couldn't serve the notice period for 15 days. So the organisation rolled out my full and final settlement stating that I need to compensate with certain amount. They have also sent me a notice from a law firm based in Bangalore. I am confused at this and don't know what to do.I have not signed any bond or contract apart from an appointment letter.
I had a word with central HR department and tried to clarify the amount outstanding.
Hence my question is can a company take legal proceeding for not serving the notice period?
What action should I take?
10th July 2015 From India, Kolkata
I would be much obliged if any of the fraternity friends were to advise as to what should be done when an employee /officer leaves the company without giving resignation letter and without serving the notice period in terms of appointment order issued to him/her
Prof K M Mahadevappa

9886011667
16th November 2017
Hi Sikydv,
I am now facing the exact same problem with csc(now dxc) . I resigned in 2 days of joining and now they are demanding notice period recovery. Can you please please please let me know what happened to your issue with csc? :(
4th September 2018 From India, Gurgaon
#Anonymous
Hi All,
Santhiya here, I was absconded from dxc technology also known as CSC corporation due to some personal reasons.
I joined may Month and absconded at June month, now I received mail and letter from dxc technology for recovery amount of 100000 amount for recovery, if I didn't pay this amount then they will take legal action on me.this what states in that mail.
Is anyone please give me a proper information.
Is really they will legal action or just they are telling.
25th September 2018 From India, Chennai
#Anonymous
Dear All,
Can anybody tell me what is the name of the law which includes notice period on resignation..
12th February 2019 From India, Kolkata
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