Saswatabanerjee
Partner - Risk Management
Ashwini Mhapankar
Hr Professional
Rajusharadha@yahoo.com
Managing Director
Nathrao
Insolvency N Gst Professional
Sushilkluthra@gmail.com
Consultant In Legal Matters
Lallez
Seeking Job
+1 Other

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Hi I joined a bpo last year without signing a bond. I left the company without informing after 3 months(abscond) but received salary for 2 months after leaving the job. Now after 6 months they have send me a letter asking me to pay Rs. 65000 for full and final settlement and collect the relieve letter.
Please help me out over here. I dont have that much amount to pay . What happens if I don't pay it?

You have been paid for the months you worked with that company. If you would have signed a bond as well company does not have any right to force you to continue with them. As off now you have already left and after six months they are sending you the letter to pay money for full and final. Where from yours end it is already cleared that you left company on your own wish and they paid you for the period you worked there.
Anyways 3 months experience that is also in BPO does not matter much just ignore this letter. for safer side mail them your resignation for the month when you have left.

Sir
It is evident that you have signed a bond or agreement. But have they issued an appointment letter to you with terms of appointment and termination clause. What is one month's salary? How many months you exactly serve in above BPO? How many days you have absented themselves from work. As yourself has agreed that you have absconded from work it is very clear that you have not obeyed the terms and conditions of service. If your one month's salary is Rs. 65000/- you have to pay the employer one month pay if you have been issued an appointment order with the terms and conditions. Otherwise please send them a resignation letter by mentioning that "since there is no letter of appointment has been given you have not submitted any resignation letter. If the management wants I will submit the same. A copy of which is enclosed for your reference.
regards
raju

Hello Raju,
my one month salary was Rs 22,000. I am simply saying after working 3 months I left the work, I never signed any bond. Yes I have received an appointment letter.
I am very much worried about what to do now as I do not have that much amount of money to pay them. Please suggest.

Hi I Joined A Bpo Last Year Without Signing A Bond. I Left The Company Without Informing After 3 Months without serving the notice period or giving resignation letter. But (Received Salary For 2 Months) After Leaving The Job. Now After 6 Months They Have Send Me A Letter Asking Me To Pay Rs. 65000 For Full And Final Settlement And Collect The Relieve Letter.
Please Help Me Out Over Here. I Dont Have That Much Amount To Pay . What Happens If I Don't Pay It?

You have left the company without notice and recieved salary for two months after leaving the job.
How did you manage to get salary without working?
The company was not aware tha yo are not coming to office or what?
Taking salary without working and after knowing you have unilaterally left is ethically wrong action.
Kindly return the salary and give them notice as per appointment letter.
Your practise of leaving like this without information is absconding and drawing salary is cheating for which yu can be questioned by law,if company lodges complaint.
You risk getting a bad name and could affect future jobs also.Every employer would try and check background before employment.These kind of absconding acs always gets noticed.

You should have given resignation at least. Now question arises how much money you may be required to pay. Under West Bengal Shops and establishment Act, by which you seem to be governed, one month's notice or wages in lieu has to be paid by employer if the employee has rendered one year service. Otherwise the employer need not pay. But if you are governed by ID Act then after 240 days service workman has to be given one month's notice. Thus before one year no liability to pay notice period accrues on the part of employer in WB. On the same parity liability of employee has to be understood otherwise contract will be violative of section 23 of the Contract Act. Any contract contrary to statutory provision is void to that extent. Pl see the recent thread in this regard. Since the employer has demanded Rs.65000 from you to give you relieving letter, it means he has not contemplated any disciplinary action against you for absconding. You have rendered 3 months service out of which he has paid you 2 months wages. You send a reply giving resignation and stating that there is no liability on your part to pay notice period under WB shops and establishment Act. Instead the employer has to pay you one month's salary unpaid by it. If you want you can surrender your unpaid salary and ask for relieving and experience letter.

Thanks

Sushil

No, he actually said that he worked for 3 months and got paid for 2 months. Last months salary he didn't get as he absconded. This money was not received after leaving.
I think there must have been a notice period (probably 3 months) for which the company is now asking for notice pay and willing to give relieving letter.
Since the OP is unlikely to show 3 months experience and absconding relieving letter to any new job, it makes little sense for him to pay or take the relieving letter.

""I Left The Company Without Informing After 3 Months without serving the notice period or giving resignation letter. But (Received Salary For 2 Months)After Leaving The Job
What he has written is unclear and could given rise to different interpretations.
Point is that the employee has failed to observe basic etiquette of putting his resignation in writing and decided to abscond.
He may have to pay back notice period pay and not three months salary.
But why people cannot follow some sort of simple and straight behaviour is beyond me.Employer is difficult,job not satisfactory-all this happens.but employee as far as possible should stick to legal path.
Submit resignation in writing.
Hand over company property in proper manner and get acknowledgement.
some times all this becomes difficult with employer being awkward,but then do your best to keep things in writing when you leave.

The employer having sent a legal notice to recover Rs.65000 from the employee shows the employer is intending to file civil suit or summary recovery proceedings under Order 37 rule 2 CPC against employee. Unless employee raises defence as stated earlier, a decree may be passed against the employee. Asking by employee for relieving or experience certificate is not material. Here he is likely to be made defendant.
Thanks
Sushil


This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™