Show Cause Notice For Not Serving Notice Period - Some Advice Needed

Hello,

The background is as follows:

I joined an IT company in May 2011. The appointment letter mentions a 3-month notice period but does not mention any probation period. There is also no mention that I am immediately confirmed on joining. Due to serious personal problems, I had to resign from my job in May 2012 without any notice period.

The company sent some people to my house and collected the company laptop and access card, which I handed over immediately. I don't have any company property with me. They did not acknowledge receipt of these items despite repeated emails from me.

Now the company has sent me a show-cause notice and wants me to pay Rs. 5.5 lakhs to them. I replied, stating that I assumed I was under probation and hence did not require any notice period. Also, since the company had taken back the laptop, mobile phone, and access card, my resignation was deemed to have been accepted. These points were rejected by the company, and they sent me another letter asking me to pay the money.

The company has not sent me my Form 16 or my PF number even after I sent them several reminders. Because they did not send the Form 16, I was unable to file my Income Tax return for 2011-12.

Any advice on what options I have? I am ready to join them for a period of 3 months and complete the notice period. If I do that, will I get a salary for 3 months, or will I have to work for free? I also want to know if I can proceed against them legally for not sending me my Form 16 and PF number. Any help is appreciated.

Thanks,

Andy

Dear Andy,

We would like to know the exact content of the notice before answering your query. However, you can reply to them expressing your willingness to serve a 3-month notice and see their response. Since your appointment letter did not have a probation clause, it is deemed that you are a confirmed employee. It is a statutory requirement that the employer provides you with Form 16. Before proceeding legally, please send a written request to the employer to issue Form 16.

Regards

Thank you for your response, Mr. Shekhar. The content of the notice is as follows:

Whereas you, Mr. Andy, joined employment with (Company) as (Designation) wef 9th May 2011, as per appointment letter no (123) dated 9th May 2011, containing, inter alia, the terms and conditions of employment duly agreed and signed by you in acceptance on that date.

And whereas, by an e-mail dated 22nd May 2012, you resigned abruptly from the employment of the company with immediate effect.

And whereas the terms and conditions of the appointment letter cited supra specifically lay down, vide para 11, that if you want to leave/resign from the services of the company, you will have to serve a 90-day notice of your intention to do so, failing which you will have to pay 3 months' salary in lieu thereof; either of these is at the discretion of the management.

And whereas, by our e-mail dated 7th June 2012, you were informed that you have to serve a 3-month notice upon resignation and since you chose not to serve notice, you have to pay a sum of Rs. 5,50,000 in lieu of notice and were called upon to pay this amount.

And whereas, despite repeated e-mails by way of reminders to pay the amount, you have failed to pay the said notice amount.

Now, therefore, you are called upon to show cause within 10 days of receipt of this notice why proceedings should not be launched against you in an appropriate Court of law for recovery of the notice period salary and for such other damages as the Court may allow for the loss suffered by the Company.