Hi, I joined a BPO last year without signing a bond. I left the company without informing after 3 months (absconded) but received salary for 2 months after leaving the job. Now, after 6 months, they have sent me a letter asking me to pay Rs. 65,000 for full and final settlement and collect the relieving letter. Please help me out over here. I don't have that much amount to pay. What happens if I don't pay it?
From India, Kolkata
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From India, Kolkata
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Company Settlement and Bond Issues
You have been paid for the months you worked with that company. If you had signed a bond, the company does not have any right to force you to continue with them. As of now, you have already left, and after six months, they are sending you a letter to pay money for full and final settlement. From your end, it is already clear that you left the company of your own accord, and they paid you for the period you worked there.
Anyways, three months of experience, especially in a BPO, does not matter much; just ignore this letter. For safety reasons, email them your resignation for the month when you left.
Regards
From India, Mumbai
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10You have been paid for the months you worked with that company. If you had signed a bond, the company does not have any right to force you to continue with them. As of now, you have already left, and after six months, they are sending you a letter to pay money for full and final settlement. From your end, it is already clear that you left the company of your own accord, and they paid you for the period you worked there.
Anyways, three months of experience, especially in a BPO, does not matter much; just ignore this letter. For safety reasons, email them your resignation for the month when you left.
Regards
From India, Mumbai
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It is evident that you have signed a bond or agreement. Have they issued an appointment letter to you with terms of appointment and a termination clause? What is one month's salary? How many months did you exactly serve in the above BPO? How many days have you been absent from work? As you have agreed that you have absconded from work, it is clear that you have not obeyed the terms and conditions of service. If your one month's salary is Rs. 65,000/-, you have to pay the employer one month's pay if you have been issued an appointment order with the terms and conditions. Otherwise, please send them a resignation letter by mentioning that "since no letter of appointment has been given, you have not submitted any resignation letter. If the management wants, I will submit the same. A copy of which is enclosed for your reference.
Regards,
Raju
From India, Madras
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Regards,
Raju
From India, Madras
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Hello Raju,
My one-month salary was Rs 22,000. I am simply saying that after working for 3 months, I left the job. I never signed any bond, but I did receive an appointment letter.
I am very worried about what to do now as I do not have enough money to repay them. Please suggest.
From India, Kolkata
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My one-month salary was Rs 22,000. I am simply saying that after working for 3 months, I left the job. I never signed any bond, but I did receive an appointment letter.
I am very worried about what to do now as I do not have enough money to repay them. Please suggest.
From India, Kolkata
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Hi, I joined a BPO last year without signing a bond. I left the company without informing after 3 months, without serving the notice period or giving a resignation letter. However, I received a salary for 2 months after leaving the job. Now, after 6 months, they have sent me a letter asking me to pay Rs. 65,000 for full and final settlement and collect the relieving letter.
Please help me out over here. I don't have that much amount to pay. What happens if I don't pay it?
From India, Kolkata
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Please help me out over here. I don't have that much amount to pay. What happens if I don't pay it?
From India, Kolkata
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Ethical Considerations of Leaving a Job Without Notice
You have left the company without notice and received a salary for two months after leaving the job. How did you manage to get a salary without working? Was the company not aware that you were not coming to the office? Taking a salary without working, especially after knowing you have unilaterally left, is an ethically wrong action. Kindly return the salary and give them notice as per the appointment letter.
Consequences of Absconding
Your practice of leaving like this without information is considered absconding, and drawing a salary is cheating, for which you can be questioned by the law if the company lodges a complaint. You risk getting a bad name, which could affect future jobs as well. Every employer would try to check the background before employment. These kinds of absconding acts always get noticed.
From India, Pune
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You have left the company without notice and received a salary for two months after leaving the job. How did you manage to get a salary without working? Was the company not aware that you were not coming to the office? Taking a salary without working, especially after knowing you have unilaterally left, is an ethically wrong action. Kindly return the salary and give them notice as per the appointment letter.
Consequences of Absconding
Your practice of leaving like this without information is considered absconding, and drawing a salary is cheating, for which you can be questioned by the law if the company lodges a complaint. You risk getting a bad name, which could affect future jobs as well. Every employer would try to check the background before employment. These kinds of absconding acts always get noticed.
From India, Pune
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Understanding Resignation and Notice Period Obligations
You should have given resignation at least. Now the question arises: how much money you may be required to pay. Under the West Bengal Shops and Establishment Act, by which you seem to be governed, one month's notice or wages in lieu has to be paid by the employer if the employee has rendered one year of service. Otherwise, the employer need not pay. But if you are governed by the ID Act, then after 240 days of service, the workman has to be given one month's notice. Thus, before one year, no liability to pay the notice period accrues on the part of the employer in WB. On the same parity, the liability of the employee has to be understood; otherwise, the contract will be violative of section 23 of the Contract Act. Any contract contrary to statutory provisions is void to that extent. Please see the recent thread in this regard.
Since the employer has demanded Rs. 65,000 from you to give you a relieving letter, it means he has not contemplated any disciplinary action against you for absconding. You have rendered 3 months of service, out of which he has paid you 2 months' wages. You should send a reply giving resignation and stating that there is no liability on your part to pay the notice period under the WB Shops and Establishment Act. Instead, the employer has to pay you one month's salary unpaid by it. If you wish, you can surrender your unpaid salary and ask for a relieving and experience letter.
Thanks
Regards
Sushil
From India, New Delhi
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You should have given resignation at least. Now the question arises: how much money you may be required to pay. Under the West Bengal Shops and Establishment Act, by which you seem to be governed, one month's notice or wages in lieu has to be paid by the employer if the employee has rendered one year of service. Otherwise, the employer need not pay. But if you are governed by the ID Act, then after 240 days of service, the workman has to be given one month's notice. Thus, before one year, no liability to pay the notice period accrues on the part of the employer in WB. On the same parity, the liability of the employee has to be understood; otherwise, the contract will be violative of section 23 of the Contract Act. Any contract contrary to statutory provisions is void to that extent. Please see the recent thread in this regard.
Since the employer has demanded Rs. 65,000 from you to give you a relieving letter, it means he has not contemplated any disciplinary action against you for absconding. You have rendered 3 months of service, out of which he has paid you 2 months' wages. You should send a reply giving resignation and stating that there is no liability on your part to pay the notice period under the WB Shops and Establishment Act. Instead, the employer has to pay you one month's salary unpaid by it. If you wish, you can surrender your unpaid salary and ask for a relieving and experience letter.
Thanks
Regards
Sushil
From India, New Delhi
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No, he actually said that he worked for 3 months and got paid for 2 months. Last month's salary he didn't get as he absconded. This money was not received after leaving.
I think there must have been a notice period (probably 3 months) for which the company is now asking for notice pay and willing to give a relieving letter. Since the OP is unlikely to show 3 months of experience and an absconding relieving letter to any new job, it makes little sense for him to pay or take the relieving letter.
From India, Mumbai
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I think there must have been a notice period (probably 3 months) for which the company is now asking for notice pay and willing to give a relieving letter. Since the OP is unlikely to show 3 months of experience and an absconding relieving letter to any new job, it makes little sense for him to pay or take the relieving letter.
From India, Mumbai
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"I left the company without informing after 3 months without serving the notice period or giving a resignation letter. But (Received Salary For 2 Months) After Leaving The Job.
Understanding the Consequences
What he has written is unclear and could give rise to different interpretations. The point is that the employee has failed to observe the basic etiquette of putting his resignation in writing and decided to abscond. He may have to pay back the notice period pay and not three months' salary. But why people cannot follow some sort of simple and straight behavior is beyond me. Employer is difficult, job not satisfactory - all this happens, but the employee, as far as possible, should stick to the legal path.
Steps to Take When Leaving a Job
Submit the resignation in writing. Hand over company property in a proper manner and get acknowledgment. Sometimes all this becomes difficult with the employer being awkward, but then do your best to keep things in writing when you leave."
From India, Pune
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Understanding the Consequences
What he has written is unclear and could give rise to different interpretations. The point is that the employee has failed to observe the basic etiquette of putting his resignation in writing and decided to abscond. He may have to pay back the notice period pay and not three months' salary. But why people cannot follow some sort of simple and straight behavior is beyond me. Employer is difficult, job not satisfactory - all this happens, but the employee, as far as possible, should stick to the legal path.
Steps to Take When Leaving a Job
Submit the resignation in writing. Hand over company property in a proper manner and get acknowledgment. Sometimes all this becomes difficult with the employer being awkward, but then do your best to keep things in writing when you leave."
From India, Pune
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The employer, having sent a legal notice to recover Rs. 65,000 from the employee, shows that the employer intends to file a civil suit or summary recovery proceedings under Order 37, Rule 2 of the CPC against the employee. Unless the employee raises a defense as stated earlier, a decree may be passed against the employee. The request by the employee for a relieving or experience certificate is not material. Here, the employee is likely to be made the defendant.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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Dear Mr. Sushil, The poster says the company has sent him a letter - is it a legal notice or just a company correspondence asking for Rs 65,000? This is where most posters fail to give correct information, which can give rise to wrong interpretations. If it is a legal notice, then the ex-employee has to tackle the matter legally. If it is a normal letter from the company HR, he probably can choose to ignore it or reply only based on legal advice because what he writes can be used in any subsequent legal proceedings, if any.
From India, Pune
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From India, Pune
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"My advice is that on this citehr, advisers should give well-considered advice to enable the queriest to rely upon the same while framing, in consultation with their lawyers. Of course, firstly letting the lawyer speak his line of approach."
Fully agree with this. Advice should be complete and correct. However, the poster also needs to provide full information for replies and/or advice.
From India, Pune
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Fully agree with this. Advice should be complete and correct. However, the poster also needs to provide full information for replies and/or advice.
From India, Pune
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I am not able to comprehend the following points in the post:
1. If there was no bond signed, then why would the employee leave without informing or providing a resignation letter? Was there any other communication between the company and him in the past 6 months?
2. Did he unintentionally or intentionally hold any company assets with him? Or was there any misconduct from the employee during employment resulting in financial losses?
3. If the company is asking for 65,000 INR, have they provided any justification for this amount in the letter? Is his last month's salary considered in this final settlement amount of 65,000 INR?
4. The company is asking or pursuing "full and final settlement and relieve letter process." However, DP does not have enough money on hand for this settlement. So, what exactly does he expect from this forum?
Unless the above points are clear, it will be difficult or wrong to provide any possible guidance!
Best Regards,
Amod Bobade.
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1. If there was no bond signed, then why would the employee leave without informing or providing a resignation letter? Was there any other communication between the company and him in the past 6 months?
2. Did he unintentionally or intentionally hold any company assets with him? Or was there any misconduct from the employee during employment resulting in financial losses?
3. If the company is asking for 65,000 INR, have they provided any justification for this amount in the letter? Is his last month's salary considered in this final settlement amount of 65,000 INR?
4. The company is asking or pursuing "full and final settlement and relieve letter process." However, DP does not have enough money on hand for this settlement. So, what exactly does he expect from this forum?
Unless the above points are clear, it will be difficult or wrong to provide any possible guidance!
Best Regards,
Amod Bobade.
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Resignation cum relieving letter.doc