I joined an IT service company, XYZ, and was sent to a client location immediately after joining. After serving for 3 weeks (which falls under the probation period of 9 months), I resigned from the company as I was not happy with the service environment and received a better offer, serving a notice period of 1 week. Now, the company has sent me a legal notice asking me to pay a gross salary of 3 months plus Rs 3 Lakh as damages caused by my sudden departure (although I emailed them my resignation letter and returned all belongings like a laptop and badge, etc.). I do not want any relieving letter or experience certificate from them. I have the following questions:
1. The legal notice came on plain paper with no stamp, only a signature from an advocate. Is it a real or a fake legal notice?
2. During the probation period, my notice period was 1 month, but they are asking for a 3-month notice period as this is the client's notice period. Is this fair/legal?
3. Do I need to reply to the notice letter immediately?
From India, Bangalore
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1. The legal notice came on plain paper with no stamp, only a signature from an advocate. Is it a real or a fake legal notice?
2. During the probation period, my notice period was 1 month, but they are asking for a 3-month notice period as this is the client's notice period. Is this fair/legal?
3. Do I need to reply to the notice letter immediately?
From India, Bangalore
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Legal Implications of Notice Period and Employer Demands
If the employer has to give one month's notice during probation, it cannot be discriminatory against you when submitting your resignation. Their demand for a three-month notice pay is illegal. Furthermore, their demand of 3 lakhs is completely illegal. Under the Karnataka Shops and Establishment Act, by which you are governed, the Payment of Wages Act is applicable, and the employer is not authorized to make any deduction other than what is permitted under the Payment of Wages Act. Thus, asking for 3 lakhs from you is illegal. Since you worked as a software engineer, you are covered under the definition of a workman under the ID Act. Therefore, the demands of the employer, which are unreasonable, unconscionable, and contrary to the law, constitute unfair treatment, victimization, and unfair labor practice. Send a lawyer's notice to the employer and file a complaint with the inspector under the Karnataka Act.
Thanks,
Sushil
From India, New Delhi
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225If the employer has to give one month's notice during probation, it cannot be discriminatory against you when submitting your resignation. Their demand for a three-month notice pay is illegal. Furthermore, their demand of 3 lakhs is completely illegal. Under the Karnataka Shops and Establishment Act, by which you are governed, the Payment of Wages Act is applicable, and the employer is not authorized to make any deduction other than what is permitted under the Payment of Wages Act. Thus, asking for 3 lakhs from you is illegal. Since you worked as a software engineer, you are covered under the definition of a workman under the ID Act. Therefore, the demands of the employer, which are unreasonable, unconscionable, and contrary to the law, constitute unfair treatment, victimization, and unfair labor practice. Send a lawyer's notice to the employer and file a complaint with the inspector under the Karnataka Act.
Thanks,
Sushil
From India, New Delhi
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Anyway, you are not concerned about the client's notice period. The relationship is between your employer and the client. As such, while on probation, the notice period is not applicable. Just decline such unreasonable demands of your employer. How do you know the notice is from an advocate? Anyway, legally you are not in the wrong from the facts given by you.
From India, Pune
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From India, Pune
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Legal notice does not come on plain paper. If ur notice period is 1 month as per ur statement. They would have given the time within which you need to reply
From India, Madras
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From India, Madras
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U told that there is only lawyer signature. we cannot consider it as legal notice from court. its only a notice from lawyer. No need to worry just go on with your new job.
From India , Hyderabad
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From India , Hyderabad
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Legal notice from the advocate should be responded to through the advocate, denying all liabilities. A copy of the reply to the notice should also be sent directly to the employer. All factual and legal submissions in your support should also be mentioned.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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Clarifications Needed on Employment Transition Issues
There are a few clarifications needed. I was working in a company directly dealing with clients. One of the clients suggested my name to their peer company and offered me a good position. I accepted the offer and resigned. The company I worked for was not paying me on time. I did not receive my last six months of variable pay. So, I suggested they deduct the amount as I was not serving the notice period. However, they threatened to file an FIR and take legal action under non-solicitation. The new company I am joining does not have a direct contract or agreement with my previous employer. How can they make such claims? Is this legal?
I have not received my relieving letter or experience letter from my previous employer. They are asking me to pay 45 days' salary to obtain these documents. Additionally, I was never officially confirmed as a permanent employee after my probation, yet they are asking for two months' salary instead of one for leaving. There is no mention of settling the variable pay. They never reimbursed expenses as mentioned in the offer letter. They are also stating that I cannot join a client, despite the absence of a formal agreement.
What should I do? I have informed them that I cannot pay. The new company is willing to hire me even without a relieving letter. Can my previous employer take any legal action?
Thank you.
From India, Bengaluru
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There are a few clarifications needed. I was working in a company directly dealing with clients. One of the clients suggested my name to their peer company and offered me a good position. I accepted the offer and resigned. The company I worked for was not paying me on time. I did not receive my last six months of variable pay. So, I suggested they deduct the amount as I was not serving the notice period. However, they threatened to file an FIR and take legal action under non-solicitation. The new company I am joining does not have a direct contract or agreement with my previous employer. How can they make such claims? Is this legal?
I have not received my relieving letter or experience letter from my previous employer. They are asking me to pay 45 days' salary to obtain these documents. Additionally, I was never officially confirmed as a permanent employee after my probation, yet they are asking for two months' salary instead of one for leaving. There is no mention of settling the variable pay. They never reimbursed expenses as mentioned in the offer letter. They are also stating that I cannot join a client, despite the absence of a formal agreement.
What should I do? I have informed them that I cannot pay. The new company is willing to hire me even without a relieving letter. Can my previous employer take any legal action?
Thank you.
From India, Bengaluru
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Notice of Employee Change.doc