Can My Ex-Employer Demand a Notice Period Without a Signed Agreement? Need Advice!

For a brief history regarding my issue, kindly check my previous discussion. You can use the following URL: https://www.citehr.com/506033-can-my...ry-cheque.html

My ex-company has sent me two back-to-back letters. The first letter was an intimation letter, and the second letter is a show-cause notice wherein they have asked me to serve a 1-month notice or pay my 1-month salary based on the intent letter (offer letter) signed by me. However, the intent letter did not contain any terms and conditions regarding the notice. The company has stated that they will take legal action against me in the Civil court. Moreover, I worked there for 45 days only, and I was not a confirmed employee. In such a case, how can they ask me to pay them the notice period? On the contrary, they owe me 15 days' salary.

Please guide me on what my next step should be.

Handling Notice Period Disputes

If the offer letter is silent about the notice period, why should you worry? Let them send any number of letters; you just reply that you decided to leave the establishment because of health issues. At the same time, there were unreasonable delays in getting your salary, and the salary for the last month has not yet been credited to your account. You should state that the obligation of serving notice or paying notice pay is nowhere in the appointment order, and as such, you are not under any obligation to serve the notice period or pay in lieu of notice.

Regards,
Madhu.T.K

I have been following you since 2008. If you allow, I would like to share something. It seems that the employee lacks information about their separation from the company, despite receiving intimation and show cause notices. If my assumption is correct, the employee should submit a resignation letter citing the reason for leaving, making reference to the letter of intent. Normally, an organization issues a letter of appointment within 45 days. The employee should address this letter to the company first.

Furthermore, organizations typically do not send recovery letters without specific clauses. It's important to understand both aspects. I would appreciate more clarification on this topic from sophiafdes7 to ensure I have a clear understanding. I hope you can suggest the most appropriate way to resolve this matter.

Thank you.

Thank you for your input. I would like to inform you that I have given my resignation through email, clearly stating my reason for resigning. Knowing very well how the company treats the employees, I chose not to meet them personally. The company operates in the most unprofessional and unethical way. When I requested a sick leave, I was denied and forced to report to the office. When I did not report to the office, I was asked to write a statement the next day.

I have worked 15 days without any pay as I was waiting for my salary cheque to clear (which was delayed). It's inhuman on the management's part to delay the salary of employees on purpose. I'm the sole breadwinner in my family, and not receiving the salary on time is mental torture. Why should I continue working in such a company that treats their employees like slaves? I'm not alone in this situation. There are more than 15 ex-employees who have been harassed in a similar way.

By the reference to experience that you have stated, the inference is that this employer is unworthy of being employed with. In such situations, notice period/pay, even if applicable, should lose its sanctity. The episodes are misconduct on the part of a designated official appointed by the employer. The employer has caused a breach of trust.

If you have stated the reasons in writing to the establishment, then you have done well. If notice period/pay is not part of negotiated T&C, it can't be enforced.

The Shops and Commercial Establishment Act

The Shops and Commercial Establishment Act was enacted to govern the service conditions of employees working in establishments covered by this enactment. The (Name of the state) Shops and Commercial Establishment Act of many states stipulates the issuance of an appointment letter and a prescribed form for it, and narrates the details to be stated by the employer. Notice period/pay is also stated in this Act, and for a service period of 45 days, it is NIL. Hence, the establishment covered by this Act can't insert notice period/pay inconsistent with the very Act that governs it.

Model Standing Orders

As per the Model Standing Orders: Notice period/pay during the probation period is NIL. The employee personally is held responsible for the faithful observance of standing orders or can be penalized.

You may close the matter by a final reply addressed to the appointing authority, MD, by Registered Post and with a copy to your Labor Law Consultant Service matters lawyer to handle if the employer and his attorneys in HR are adamant and recalcitrant. You can lodge a complaint with the Inspector appointed under the Payment of Wages Act and Shops and Commercial Establishment Act, Office of the Labor Commissioner. Your lawyer, after examining all documents and inputs, may opine that a criminal complaint under sections 406 and 420 can be lodged.