Hi,
i joined a startup advertising agency on Dec 22, 2014 as a director and one of the founder member. i left the agency at march 19, 2015. i worked there approximately for little less than 3 months.
My offer letter mentioned probation for 6 months, which i never crossed. so technically i was not confirmed employee.
I never got an appointment letter as well.
in the same offer letter my notice period was mentioned as 2 months, but i didn\'t server the entire notice period, assuming that until i am not confirmed i am not bound to server full notice. i was ready to serve 3 weeks notice but one of the partner asked me to getting my self revealed with in 4 days of notice period.
now they have send me a mail with the full & final statement asking recovery for 2 months salary (minus the 4 days notice period).
i need to know
1. AM I LEGALLY BOUND TO PAY THE MONEY?
2. IF YES THAN WHAT PART OF THE SALARY IS RECOVERABLE FROM THE EMPLOYEE, I SUPPOSE ITS ONLY THE BASIS PAY?
3. VERY IMP POINT - THIS COMPANY WAS REGISTERED BUT THEY WERE NOT PAYING PROVIDED FUND. THE REASON THEY GAVE THAT THEY CAN AVOID TO DO SO COS THERE ARE VERY LESS NO OF EMPLOYEE AT THIS POINT AND TO PAY PF THEY HAVE TO CROSS A CERTAIN NO OF EMPLOYEE COUNT.
4. THERE IS NOWHERE MENTIONED ABOUT THE NOTICE PERIOD DURING THE PROBATION PERIOD IN THE OFFER LETTER.
i joined a startup advertising agency on Dec 22, 2014 as a director and one of the founder member. i left the agency at march 19, 2015. i worked there approximately for little less than 3 months.
My offer letter mentioned probation for 6 months, which i never crossed. so technically i was not confirmed employee.
I never got an appointment letter as well.
in the same offer letter my notice period was mentioned as 2 months, but i didn\'t server the entire notice period, assuming that until i am not confirmed i am not bound to server full notice. i was ready to serve 3 weeks notice but one of the partner asked me to getting my self revealed with in 4 days of notice period.
now they have send me a mail with the full & final statement asking recovery for 2 months salary (minus the 4 days notice period).
i need to know
1. AM I LEGALLY BOUND TO PAY THE MONEY?
2. IF YES THAN WHAT PART OF THE SALARY IS RECOVERABLE FROM THE EMPLOYEE, I SUPPOSE ITS ONLY THE BASIS PAY?
3. VERY IMP POINT - THIS COMPANY WAS REGISTERED BUT THEY WERE NOT PAYING PROVIDED FUND. THE REASON THEY GAVE THAT THEY CAN AVOID TO DO SO COS THERE ARE VERY LESS NO OF EMPLOYEE AT THIS POINT AND TO PAY PF THEY HAVE TO CROSS A CERTAIN NO OF EMPLOYEE COUNT.
4. THERE IS NOWHERE MENTIONED ABOUT THE NOTICE PERIOD DURING THE PROBATION PERIOD IN THE OFFER LETTER.