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The background is as below:

I joined an IT company in May 2011. The appointment letter mentions a 3 months notice period but does not mention any probation period. There is also NO mention that I am immediately confirmed on joining. Because of serious personal problems, I had to resign fom my job in May 2012 without any notice period.

The company sent some people to my house and collected the company laptop and access card which I handed over immediately. I don't have any company property with me. They did not acknowledge receipt of these items in spite of repeated e-mails from me.

Now the company has sent me a show cause notice and wants me to pay Rs. 5.5 lakhs to them. I replied stating that I assumed I was under probation and hence did not require any notice period. Also since the company had taken back the laptop, mobile phone and access card, my resignation was deemed to have been accepted. These points were rejected by the company and they sent me another letter asking me to pay the money.

The company has not sent me my Form 16 or my PF number even after I sent them several reminders. Because they did not send the Form 16, I was unable to file my Income Tax return for 2011-12.

Any advice on what options I have? I am ready to join them for a period of 3 months and complete the notice period. If I do that, will I get salary for 3 months or will I have to work for free? I also want to know if I can proceed against them legally for not sending me my Form 16 and PF number. Any help is appreciated.



Dear Andy,
We would like to know the exact content of the notice before answering your query, However you can reply to them your willingness to serve 3 months notice and see their response.
Since your appointment letter did not have probation clause, it is deemed that you are a confirmed employee. It is the statutory requirement that the employer provide you the Form 16, before proceeding legally please send the employer in writing to issue the Form 16.

Thanks for your reply Mr. Shekhar. The content of the notice is as below:

Whereas you, Mr. Andy joined in employment with (Company) as (Designation) wef 9th May 2011 as per appointment letter no (123) dated 9th May 2011 containing inter alia, the terms and conditions of employment duly agreed and signed by you in acceptance on that date

And whereas by an e-mail dt 22nd May 2012 you resgined abruptly from the employment of the company with immediate effect

And whereas the terms and conditions of the appointment letter cited supra specifically lay down vide para 11 that if you want to leave/resign from the services of the company you will have to serve a 90 day notice of your intention to do so, failing which you will have to pay 3 months salary in lieu thereof, either of these is by the discretion of the management.

And whereas by our e-mail dated 7th June 2012, you were informed that you have to serve a 3 months notice upon resignation and since you chose not to serve notice, you have to pay a sum of Rs. 5,50,000 in lieu of notice and were called upon to pay this amount.

And whereas despite repeated e-mails by way of reminder to pay the amount, you have failed to pay the said notice amount

Now therefore, you are called upon to show cause within 10 days of receipt of this notice, why proceedings should not e launched against you in an apporpriate Court of law for recovery of the notice period salary and for such other damages as the Court may allow for the loss suffered by the Company.

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