Bijay_majumdar
Freelancer In Hr &indirect Taxes For
Pon1965
Construction
Vmlakshminarayanan
Sr.manager - Hr&admin
Jkumarjk
Senior Manager Hr
Nagarjunahr
Hr - Executive
Cliford
Generalistic Hr & Admin
Siraj.sqi
Sales & Marketing
Pravinsingh
Animation
PATIL RAHUL
Manager Admin & Hr
+8 Others

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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.

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.

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

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.

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

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

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

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?
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.

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


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