Hi, can anyone please help me with this?
I left my company in the month of May. The constant work pressure and stress led me to become ill and I had to sign off from work.
As per the HR instructions, I sent an email to inform them about my poor health condition, stating that I would not be able to continue working with them. I have now joined another company. However, my former company has sent me a warning to repay them one month's salary and the excess amount they mistakenly paid me for my last month of work. They called me and threatened to send a legal notice soon. I was still on probation and left within 5 months of my tenure. Yet, as per the appointment letter, there is a clause stating that I must repay them one month's salary if I leave after completing three months in the company.
Please advise.
From India, New Delhi
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I left my company in the month of May. The constant work pressure and stress led me to become ill and I had to sign off from work.
As per the HR instructions, I sent an email to inform them about my poor health condition, stating that I would not be able to continue working with them. I have now joined another company. However, my former company has sent me a warning to repay them one month's salary and the excess amount they mistakenly paid me for my last month of work. They called me and threatened to send a legal notice soon. I was still on probation and left within 5 months of my tenure. Yet, as per the appointment letter, there is a clause stating that I must repay them one month's salary if I leave after completing three months in the company.
Please advise.
From India, New Delhi
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Hi Kavya,
You can counter reprimand them by stating that you are waiting for this notice to officially approach the Labour Commissioner's office to lodge a complaint against this notice. Despite being on probation, being forced to pay a notice is considered unfair labor practice under labor laws in India.
While on probation, no notice is required to resign or leave the organization because your services are not confirmed in writing. Notice pay applies only after the confirmation of your services in writing by the employer.
They will run away...
Tamaro Nano Bhai,
Bad Loser
From Saudi Arabia
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15You can counter reprimand them by stating that you are waiting for this notice to officially approach the Labour Commissioner's office to lodge a complaint against this notice. Despite being on probation, being forced to pay a notice is considered unfair labor practice under labor laws in India.
While on probation, no notice is required to resign or leave the organization because your services are not confirmed in writing. Notice pay applies only after the confirmation of your services in writing by the employer.
They will run away...
Tamaro Nano Bhai,
Bad Loser
From Saudi Arabia
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I know this must be a rather crude method to deal with the legal notice in such a case, but I feel, do not accept the legal notice if you receive it as a registered post, and inform them that the person is not available or provide any other appropriate explanation. As far as my knowledge goes, if you do not accept the post, they cannot initiate further proceedings.
Seniors, please feel free to add to this.
Chandrasekhar Podugu
From India, Hyderabad
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Seniors, please feel free to add to this.
Chandrasekhar Podugu
From India, Hyderabad
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In my opinion if they send you a legal notice then company is a fool or the HR guys are not aware of the legal proceedings…Indian Labour Laws gives an equal opportunity to both employees and employers but the slight tilt is always towards the employees hence don't worry for the same…..Maximum they can do is to send you a notice on a company letter …Pls don't accept it……..Foremost they can terminate your services rather than giving you a easy exit or a relieving letter..hence be prepared for it….If you were on probation then as per legal rules you only need to serve one day notice… I am assuming company didn't confirmed your services in writing and gave you a confirmation letter which was officially accepted and signed by you…..Few things I want to know from you.
When You had resigned ..Did you took acceptance of Resignation on your Resignation Copy..Is that copy with you…???
Since You had resigned on the Health Ground..Its a very valid reason in the court of law for not serving the notice period but for that you need a Medical Certificate..Can you produce that Certificate…
Hope you have emails or written copies of all the exchanges between you and the company…to support and vouch your claims…if you don't have then you are in trouble..
Hence relax you are under no obligation for exiting the company…
From United Kingdom
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When You had resigned ..Did you took acceptance of Resignation on your Resignation Copy..Is that copy with you…???
Since You had resigned on the Health Ground..Its a very valid reason in the court of law for not serving the notice period but for that you need a Medical Certificate..Can you produce that Certificate…
Hope you have emails or written copies of all the exchanges between you and the company…to support and vouch your claims…if you don't have then you are in trouble..
Hence relax you are under no obligation for exiting the company…
From United Kingdom
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In your appointment order, if it is mentioned that you have a one-month or two-month notice period after submitting your resignation, then you are bound to continue working there for the specified period, or you must pay them the salary for the notice period or adjust the same with your Earned Leaves. Otherwise, the company typically deducts that amount from your gratuity or any other accounts with the company. This is our company's rule. I am unsure if it is applicable to others as well.
From India, Ahmadabad
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From India, Ahmadabad
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Hi Kavya,
As far as I am concerned, nothing will happen as the organizations don't have time to go for the legal proceedings. They will only go for these for the big & higher management. Otherwise, they will not wrangle themselves in such petty things. But if at all they do all these, this is a lien or stoppage on you to earn a better livelihood. Even you can challenge it. You do have a genuine case of ill health, so no question arises. Just produce a medical certificate, and they can't do anything.
A similar case happened in my organization, which is one of the topmost business groups in India. The person left very happily. The HR didn't do anything as he sent a medical certificate along with his resignation letter, and the person was an old employee (working for the past 2.5 years).
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As far as I am concerned, nothing will happen as the organizations don't have time to go for the legal proceedings. They will only go for these for the big & higher management. Otherwise, they will not wrangle themselves in such petty things. But if at all they do all these, this is a lien or stoppage on you to earn a better livelihood. Even you can challenge it. You do have a genuine case of ill health, so no question arises. Just produce a medical certificate, and they can't do anything.
A similar case happened in my organization, which is one of the topmost business groups in India. The person left very happily. The HR didn't do anything as he sent a medical certificate along with his resignation letter, and the person was an old employee (working for the past 2.5 years).
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hi
gagan
thanks for the reply
yes i do have the communication emails with me. resignation was sent in terms of email as per my HRs suggetion. and i can provide my medical certificate to them also. i was on probation it was only 5 months i worked with them. i have signed only a copy of my appointment which they have with them. original appointment letter is with me.
one more thing should i do all these formalities before reciving any furhter notice from them.
thanks
kavita
From India, New Delhi
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gagan
thanks for the reply
yes i do have the communication emails with me. resignation was sent in terms of email as per my HRs suggetion. and i can provide my medical certificate to them also. i was on probation it was only 5 months i worked with them. i have signed only a copy of my appointment which they have with them. original appointment letter is with me.
one more thing should i do all these formalities before reciving any furhter notice from them.
thanks
kavita
From India, New Delhi
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Withdrawl of Resignation and Notice period.doc
Legal Clarification on Severance Dues & Probation Period.PDF