NavneetSarin
Tax & Labor Law Advocate
Samvedan
Consultancy_hr & Ir
HR4NATION
Hr Consulting
Shikhar_123
Human Resource
+2 Others

Dear Seniors,

Kindly give me the solution on this issue.

I left my organisation previous organisation on May 2013 without serving notice period due to health issue and I send my resignation through E-mail with medical reports and my company accept it.

Now after 5 month I received a letter from my previous employer that I left the the organisation without serving notice period then you have to pay your one month salary to us as you agree at the time of joining, if you fail then company can take a legal issue.

Now the question is that at the time of resignation they never told me about this and after that as well. Neither I received a mail nor a call or letter. After 5 months I received a letter from them.

Kindly tell me do I need to pay after such a long time without prior notice or information or is there and option I can resolved this problem with giving any amount to them because its not right after 5-6 month company is contacting you to recover the amount or in Law is there any option if an employee left the organisation till when can a company can contact his employee to recovery.

If a employee left the organisation then there should be a TAT of 15-30 day of notice period or FnF but there should a TAT for Companies as well.

If someone can help me in this issue kindly help me. I will be really thankful to you.
20th October 2013 From India, Lucknow
Hello,

You may not like some things I will ask but to advice you one NEEDS to know:

1) Did you have a formal appointment letter when you joined the said previous organization?

2) When (on what day) did you join that organization?

3) At the time of leaving, were you on probation or were a confirmed employee?

4) Were you away on medical grounds with company's knowledge and approval? How long were you away on medical grounds?

5) What was the Notice Period you were obliged to give upon resigning"? On probation and after confirmation?

6) Why did have to resign through e-mail? or is that the standard practice in that organization? Were you employed in manufacturing or IT industry?

7) Do you any document to show that the organization has INDEED accepted your resignation?

8) Did you receive your full and final settlement of employment dues?

Answers to these questions will decide what stand one could take in this case.

Like in the absence of a resignation acceptance the company could take a stand that you have deserted employment. But if they have formally accepted your resignation and have issued you a proper Relieving Letter and given you the full and final settlement, the entire episode could look quite different.

Apart from the questions raised here, one would also like to know IF you were aware (at least at the time you resigned) of any obligatory Notice Period requirement? If yes, have you adhered to it? and if no, why were you not aware of it?

Your query is complicated and demands all of the factual data regarding your employment before a position on the issue could be taken.

Would you like to do that?

Consider.

Regards

samvedan

October 20, 2013

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20th October 2013 From India, Pune
1) Did you have a formal appointment letter when you joined the said previous organization?

Yes I have the appointment letter.

2) When (on what day) did you join that organization?

I joined in 13 dec 2012 and left on may 12, 2013.

3) At the time of leaving, were you on probation or were a confirmed employee?

Yes, I was on probation.

4) Were you away on medical grounds with company's knowledge and approval? How long were you away on medical grounds?

I directly send a regination do my manager with health reason. After that he ask for my reports. I scaned it and mailed him. Last I got a reply OK TAKE CARE. GOOD BYE !!!

5) What was the Notice Period you were obliged to give upon resigning"? On probation and after confirmation?

I didnt served my notice period. But yes I was in notice period and as per company policy I need to submit my notice period of 15 days, which I didn't.

6) Why did have to resign through e-mail? or is that the standard practice in that organization? Were you employed in manufacturing or IT industry?

Its a IT indusry, but due to my health problem I wont be able to go out from home.

7) Do you any document to show that the organization has INDEED accepted your resignation?

As per the last mail OK good buy and the letter which I recieved form them 2 days back for recovery on that my Date of resignation is mention 12 may 2013.

8) Did you receive your full and final settlement of employment dues.

No after 12 may neither I recieved and letter or any mail. As i said I left on 12, I didnt received any salary of till 12 may. Neither I asked.
20th October 2013 From India, Lucknow
In the end, I suggest for aforesaid reasons as under:
a) Accept the fact that your separation was not in an ideal structure.
b) Up front meet the previous employer (at least talk to the HR or your Manager), clarify (not justify) your situation around your resignation and agree to settle " legitimate contractual dues". In return obtain a CLEAN relieving letter and an Employment Certificate.
This way you will be securing your future and ensure that no one can point a finger at this phase of your employment and lessen the worth your candidature. I am not exaggerating. Its a small world and our paths can cross often!
Keep your track record clean and that will help you to walk erect and chin up!
Regards
samvedan
October 20, 2013
-------------------------------------
20th October 2013 From India, Pune
Legally speaking

"Take care, good bye" is just a statement of expression. It cannot be considered as acceptance of resignation or a relieving letter. (Since you communicated your position and they acknowledged receipt, they cannot say that you are an absconder)

Mere mention of Date of resignation doesn't mean you have been relieved

If your offer letter has the penalty clause (payment) in absence of 15 days notice period, company can ask for the 1 month salary. Generally for civil matters the limitation period is 3 years. Legally, they have right to send notice after 6 months.

On the other hand, you have worked for 12 days in May. Company can adjust your 1 month salary against this and ask you to pay 18 days salary. You also would have accumulated 5 months PF. If I am right, they cannot withhold your PF.

Some might advise you to take it to court. It won't solve the issue. You will end up paying more money by taking frequent off from new employer to attend court and paying to lawyer. (Even a compassionate lawyer would charge minimum Rs.500 per hearing). At the end of it, there is no assurance that you will win

As Samvedan has said, It would be better if you can meet up the company's senior people, explain your position and get a proper relieving letter. This would be helpful in the long run.
21st October 2013 From India, Madras
Dear Friend,

There is nothing to worry, may be some one has just sent you this letter to avoid a pending salary claim. Anyway generally in probation Notice period clause is not applicable but even if it is your letter says only 15 days.

You have to decide if you wish to have experience letter and final settlement as there may be some leave pay and PF amount also. In that case you may be net earner so go and settle account otherwise if you feel these things are not required and you have already got a Job so you may just forget it and just write a letter to the company. In this letter you must mention following details: 1. Your resignation was accepted.(attach copy of Mail). 2. Notice period was only 15 days. 3. You were not confirmed by the Company and still you were on probation. as per law the probation is not over untill company provide you Confirmation letter. 4. Ask them to settle your final account and pay the dues if any at the earliest.

Send this letter by registered post AD and just forget. No Company go to court with this type of Case as they don't have any solid grounds to win.

I hope this will diffuse your tensions. Take care of your Job (new) properly and next time do not leave service in this manner.

With best wishes.
22nd October 2013 From India, Delhi
As Navneet has said, No Company go to court with this type of Case as they don't have any solid grounds to win.because it as costly affair for company as for you,
It would be better if you can meet up the company's senior people, explain your position and get a proper relieving letter. This would be helpful in the long run.
regards...
V K Pandey
22nd October 2013 From India, Ghaziabad
Dear Friend,

I hope in your appointment letter , they must mention that during your probationary period , you are required to serve 15 days notice or payment in lieu of the notice period. On the other hand management can tarminate your service without giving any notice or payment in lieu of notice...................If these words are mentioned here, you need not worry about your resignation or any letter threatning.... because appointment letter is an agreement between employer and employee.......any any termes and condition should be vice versa in the court of law. Regarding withdrawal of your PF ? No body can hold your PF? just fill up Form 19-C , get it attested from a bank manager where your account is kept and send it to the concerned PF Department with a cancelled cheque.......PF Department will do the rest of the formalities through your employer...

But in future, be careful......because one should not spoil the relationship with previous employer....this types of attitude can spoil your career.....

Reg

Kamal Datta

78386 75321
23rd October 2013 From India, Kolkata
Again it is fine for you.....just be happy always.....nothing is going to be happened
23rd October 2013 From India, Kolkata
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