I am writing on behalf of my wife who worked in a small company in Hyderabad. She joined with a different perception about the companies and when she came to know that the organization is not at all what was promised and the culture was not safe for girls she decided to put her papers. While she was in probation period she left with 1 days notice after handing over everything to HR. Now the owner of organization has all of a sudden quoted full 3 months salary in the F&F settlement and written a threatening mail.
We seek a professional advise on the same. Should we approach any lawyer against this harassment

From India, Hyderabad
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What does her appointment order say about exit during probation?
How long was the probation period and how many days did she work?
Did she ever highlight the "poor" working culture affecting women employees?
Have other women employees complained about culture?
While you can take advice from a professional lawyer,there is nothing much to be worried about threatening mails.

From India, Pune

Prior saying anything, would like the know the T&Cs mentioned in the appointment letter regarding resignation during probation. For how long she was on probation ?
Also was there any written complaint regarding miscommitment about profile/salary/org. culture raised by her prior resignation?
If no complaint has been raised and appointment letter says that during probation employee needs to give 7/15/30 days notice prior resignation or salary in lieu, then she would be liable to pay the salary of difference days of notice period.
And if appointment letter says that once an employee completes 3/6months/1 year of probation, then he/she will be deemed to be a permanently employee automatically, then in this case you need to check out the T&Cs mentioned in the appointment letter for confirmed employees.
Hope this will be helpful. ..

From India, Delhi

Apart from the seniors view mentioned above, was she the only female of that company and has she given any written complaint about her safety to the HR. Please elaborate so as to given appropriate view.
With regards to threatening mail nothing to worry about, legally they cannot do any harm to you/your wife.

From India, Ahmadabad

Thanks everyone for extending your support,

Mentioned are the details

1. There were only 5 employees in Head office,only one lady HR is there who is also not very satisfied with the organization.

2. Management has complete control over all the processed including HR

3.The probation period was 3 months, My wife worked for 2 days less than 3 months.The notice period was not mentioned in the offer letter , while joining HR communicated verbally that during probation the notice period is NIL and after confirmation it is 3 months.

4. When she send a mail regarding her decision of moving on, she was threatened that they will ensure that she is not able to join the future employer and is being terminated in their records.

5, Communication of current working environment was not an option as MD had almost full monotony on the other employees. Situation was so worse that HR was even scared to get the approval for employees salary which happened to have a mandatory approval of MD that too after sarcastic comments . There was no point of escalating it to that single helpless HR lady.

Attached is the threatening mails and communication from the organization

From India, Hyderabad

Attached Images (Download Requires Membership)
File Type: png Response to resignation mail.PNG (86.5 KB, 260 views)


Also when we approached the organization to behave professionally rather than recovering 100 % of 3 months salary which is too much for anyone to digest.
Attached is the response , intentions are quite evident

From India, Hyderabad

Attached Images (Download Requires Membership)
File Type: png Blackmailing.PNG (122.5 KB, 55 views)


As you are saying that nothing is mentioned in the appointment letter regarding notice during probation , then you don't need to worry. Keep on following up for full n final payments. Take a time line from them as per their policy. If after said days they don't make payment, then file a case in labour court.
But is there any line in the appointment letter like " resignation during probation should be governed by company policy" ? If so then that is a concern as this is supported by the line written by the director as can be seen in the attachment. This is a silent line and in favor of the employer.
Also note , almost no employer will count her experience of 3 months and hence no verification would be needed from this company.

From India, Delhi

Dear Sujan,
Thanks for your suggestion, but the fact is that since she did not complete the probation, she was not given the appointment letter and we are not aware of the content of appointment letter.
Though we don't expect an experience letter from this organization, but we feel very suffocated as someone is literally threatening and blackmailing and we are not even able to respond to his open , written and well documented mails.
He has given an option of agreeing to termination or pay 100 % of 3 months Gross Salary, thats really unfair.

From India, Hyderabad

The answer to his pressure tactics is a legal notice.
Otherwise just forget 10 days pay and move on.
His termination letter stating unethical exit has no meaning.
Just do not reflect this short period of three months in your CV.

From India, Pune

See as she didn't received any appointment letter , it means she was not appointed there.
But, be confirm that your wife had not signed any document , bond or letter containing any terms and conditions.
If they don't have any proof in writing or even in mail from your wife accepting certain conditions then they cannot take any action in this case.

From India, Mumbai

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