Labour Law & Hr Consultant
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Very Urgent ,
Hi all,
I went through this site but could not figure out exact answer so posting this question.
I worked for a private company in Gurgaon Haryana. I resigned from my post on 27-09-2018. It was accepted by management on later date and last date for notice was given to 27-11-2018.
I asked for an early release during the notice and was looking for release to 11-11-2018. They did respond that my last date would be as mentioned.
After that manager started misbehaving and abusing for work. Later on I denied to work and sent them an email that " I decline to work with the company". Next day I was called and they gave me no-dues form. I was asked to submit all assets I did the same.
After that they gave me termination letter stating that
" We are terminating your services with immediate effect considering your unprofessional behaviour (code of conduct ) towards the organization and your supervisor".
and was terminated on 02-11-2018. They did not give my salary for 2 months( September, October).
I followed up with them for my full and final. Then yesterday they sent me an email stating the following.
"This is to bring to your notice that company name Pvt Ltd hold you liable to settle the dues arising out of below mentioned points.
During your tenure, while serving the notice period you have misbehaved with your project manager, resulting in wilful insubordination. Your behaviour has a negative influence not only on other employees but also towards the reputation and culture of the organization.
Since you have resigned on 27th September 2018 and you were required to serve the notice period till 26th November 2018 (60 days as per the company policy). However due to your miss conduct with your supervisor you have been terminated from your services on 2nd November 2018.We have observed that you have purposely misbehaved with your supervisor to invite the termination to get an early release from your services so that you can escape from serving the complete notice period.
During your notice period you were a billable resource at the rate of $ 10 per hour for 8 hours in a day.The organization holds you liable to pay INR 112,000 for the loss of billing due to shortfall of your notice period of 26 days (20 working days)
Additionally 26 days of your notice shortfall will be recovered from your full and final settlement
Please note, your full and final settlement process will be taken into consideration, once you have settle the above mentioned dues. You are suggested to respond to this letter within 5 days of receiving."
My salary in the organization was INR 19300/month.
Please help me out with this situation. since they terminated me so am I liable to pay them more that what i have earned form them given that they are having my 2 month's salary already.

From India, Gurgaon
Dear friend,
The management is just threatening you. Before the date of relief you requested and they accepted, they terminated you on 02-11-2008 on their own that too on the ground of misbehaviour. Therefore, they can not claim reimbursement of notice salary or any loss from you. Better write back to them to settle the unpaid salary forthwith failing which you will have to initiate appropriate legal recovery proceedings.

From India, Salem
Hi Umakanthan,
Thank you for your response. I was eagerly waiting for someone to respond. Actually on the early release issue they said the notice period would be as mentioned by them i.e 26-11-2018. sorry for improper phrasing. I am correcting that.
However please reply if this makes any difference.

From India, Gurgaon
It is management tactics for pressurise you. They can claim any thing when they didn't force you to leave before releaving date. You can claim you due from them. It is unprofessional approach of management.
Be firm on your point.
With Regards
Sunil Kumar

From India, New Delhi
Termination , without following laid down procedure of inquiry is illegal.
They are just harassing you .They can not recover any damages from you just by writing /sending letters.
In case you have time , money and inclination, take legal recourse.You have appear to be on sound footing.Nothing to worry.
Col.Suresh Rathi

From India, Delhi
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