Anonymous
I worked in a BPO for 5 months and left the company due to bad health , I informed my TL a month before and offered resignation but she insisted on serving two months of notice which I could not.. I have been sent the termination letter and then final settlement letter which asks me to pay 13000 rs I don't want to pay as I am financially restricted.. is it ok for me to not pay that?? Will that initiate legal action against me?
From India, Patna
Dear Anonymous,
Could you tell us about employment terms being mentioned in an Appointment letter? What has they mentioned in a Final
settlement letter about action on failure to pay above said amount? Did they mentioned about holding relieving documents?
Regards,
Sapana

From India, Pune
1. If they have sent you termination letter then it is absolutely illegal. They are required to first send you show cause notice asking you to explain as to why your services should not be terminated.
2. In case they send you termination letter, they are obliged to pay you one month gross salary as notice pay.
3. Did they send you any letter asking you to report for duty, if not they are on the week wicket.
4. I presume that you were an agent, under labour laws agent is a workman hence can raise an industrial dispute before Labour Officer/ Assistant Labour Commissioner.
5. Can you share the letter sent by the company, it will help in advising properly and correctly.
6. You can get back your job and payment also.

From India, Thane
I would agree with Mr. Bharat Gera,
5 Months service means you were on probation period and there would not be any notice period which I assume, please refer the termination clause of your company. If 2 months notice is mentioned during probationary period then the employee needs to serve or pay for such amount as specified in the employment agreement. If it is not mentioned then you need not to worry. Secondly you have mentioned that you have resigned due to health issues, whether the resignation was accepted ? Last but not the least do you have any document evidence to prove your ill health wherein you cannot resume your work, which will suffice for your company's legal threat.

From India, Ahmadabad

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