Facing Legal Notice from Former Employer: How to Seek Help and Navigate This Situation?

Hi all,

Can anyone help me to solve my problem, please?

I have received a legal notice copy from my former employer. I want to seek legal advice on this. I was on probation for 6 months and left the organization in the 5th month due to my health instability. I informed my HR about my departure over the phone and also sent an email for the same. Essentially, my reason for leaving the organization was the tremendous work pressure and mental harassment that led to my illness.

I need advice on what steps I should take in such cases and if anyone can help me with the address and telephone contacts for the labor law commissioner in Mumbai.

Dear,

Is there any provision in your appointment letter that states you must give notice during probation? Please clarify this point first.

Secondly, don't worry about legal notices; they are just standard procedure. Don't stress about obtaining the labor commissioner's phone numbers; relax and chill out. No further steps are required.

Thank you.

J.S. Malik

Dear Mr. Malik,

Is there any provision in your appointment letter that states you have to give notice during probation? Please clarify this point first. Secondly, do not worry about legal notices; they are just like that. Do not worry about the Labour Commissioner's phone numbers; relax and chill out. No steps required. Thank you.

J. S. Malik

Yes, Mr. Malik,

It is mentioned in my appointment letter that if an employee completes 3 months in the company, then a 1-month notice period is required; otherwise, the employee has to pay three months' salary.

So, what do you suggest? Ignore the legal notice? The notice is a copy, not the original; the courier is lying in the post office and needs to be collected. However, I will not collect it. I think if I do not collect it, they will not have a record of my receipt of the same.

Dear J S Malik,

Please do not worry and do not collect the same. The clause mentioned in the appointment letter itself is wrong.

Thank you.

Best regards,
J S Malik

The clause itself is wrong; it should be either one month notice or one month pay. However, whenever you are asking for this type of clarification, you should send a copy of the letter as well. This way, we can understand the contents and provide you with suggestions. Normally, until the completion of probation, i.e., a minimum of six months, no notice is required from both sides.

Thanks and regards,
Kameswarao

Hi,

You do not have to worry about the letter. During the probation period, both parties, i.e., the employee and the employer, are not liable to give one month's notice. In any case, health comes first in any law, so no one can do anything in such circumstances.

So relax and ignore the same.

Regards,
Ashwini

You should have communicated your resignation in a much more professional manner. In the very beginning, you must have asked the HR what is the procedure if you cannot serve the notice period. Some companies request proof of illness. Anyways, the clause mentioned in the letter is wrong.

Since your worry is about the Legal Notice, please send in a copy of the letter received (email the contents) to the seniors in CITEHR who have requested you to. I am sure this should really help.

Have you provided a doctor's certificate? If you have left the company, you do not need to worry about paying notice pay.

Hello,

I have given exams for the 12th class with History, Political Science, English, Hindi, and Physical Education subjects. Can anybody please suggest what to do after my 12th? If I secure 80-85% marks, what are the options for arts students in Delhi and Haryana?

Dear Mr. Malik,

May I have your email ID? I have previously received guidance from you on this site. Having your email ID would allow me to benefit from your knowledge. Thank you for your guidance.

Thanks and Regards,
Tejas Thakker
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Hi Vinod, please suggest me in such cases what do I do, should I courier them my health docs?

Dear Friend,

You can leave the service during the probation period with or without notice. Probation is given on different terms. Until you fulfill the conditions of employment, no legal action can be taken against you by anybody.

Narinder Rathore Sr. Manager - HR & Admin.

Dear all,

During the probation period of six months, the employer cannot demand three months' notice pay in the event of resignation within this timeframe. The maximum notice period for probation, even for durations of one or two years, is only one month's notice pay on either side. For permanent employees, the notice pay may be a maximum of three months, provided it is incorporated in the Standing Orders of the company.

In essence, the employer's notice requirement is in violation of labor laws, necessitating action against them.

Please refrain from sending the letter at this time. In the event that a lawyer's notice is issued, kindly post it on the 'citelegal' portal under the 'Labour Laws' section, which is typically frequented by Advocates like us who aim to assist those in need.

A. Irudayam
Advocate and HR Consultant
+919940686632

Hi Kavya,

Don't worry. The maximum penalty is for one month's salary; hence, three months' salary is inappropriate. Secondly, since you claimed that you became sick due to the mental harassment and torture from their side, you can claim damages from them rather than them demanding from you.

Regards,
Debashish