Hi,
One of my close friend was working with a BPO 6 months back for 2 months and had to quit because of Medical reasons. Her supervisor called her to enquire why she is not reporting and she said she is suffering from Jaundice and cannot come to work anymore. She said she can send her resignation via e-mail as she is in no position to attend to work. Her supervisor said that he cannot accept e-mail resignation and told her that he will mark her as absconding and he asked to relax. After 6 months yesterday she gets a legal notice from the company to pay Rs.6000 for not serving her notice period and Rs1,00,000 as damage charges suffered by them because of her attrition. She didnot sign any kind of bond during her induction and even there is no clause in her appointment letter.
According to the Labour law, can you please tell me if the company is correct sending the legal notice?
Kindly help me with proper guidance in this issue.
Karthik
From United Kingdom
One of my close friend was working with a BPO 6 months back for 2 months and had to quit because of Medical reasons. Her supervisor called her to enquire why she is not reporting and she said she is suffering from Jaundice and cannot come to work anymore. She said she can send her resignation via e-mail as she is in no position to attend to work. Her supervisor said that he cannot accept e-mail resignation and told her that he will mark her as absconding and he asked to relax. After 6 months yesterday she gets a legal notice from the company to pay Rs.6000 for not serving her notice period and Rs1,00,000 as damage charges suffered by them because of her attrition. She didnot sign any kind of bond during her induction and even there is no clause in her appointment letter.
According to the Labour law, can you please tell me if the company is correct sending the legal notice?
Kindly help me with proper guidance in this issue.
Karthik
From United Kingdom
Dear Karthik,
An employer can insist for notice pay provided the same was mentioned in the Standing Orders of the Company. If no standing orders is framed and if the company is not required to have standing orders under the Industrial Employment Standing Orders Act, then the matter of notice pay should be given in the appointment letter issued to the employee. If notice period or payment in lieu is stipulated, then an employee is supposed to pay notice pay or give notice in advance while leaving the organisation.
HOWEVER, an employer is not supposed to ask for damages for not reporting if that employer had not incurred any financial loss due to his/her not reporting. In your case your friend had worked only for 2 months which is insufficient to make a loss to the tune of Rs 100000 !! Damages matters when the employer had incurred a heavy expenditure to TRAIN an employee to make him/ her FIT to WORK in his establishemnt. And two months seem to be a very less period for such kind of training.
Normally. soft copy of the resignation letter will not be accepted. He/ she should have sent signed (hard) copy of resignation stating valid reasons.
I suggest that the letter sent by the company calling on to pay damages will not stand without justification of actual damages caused to the company.
If appoitment letter is silent in respect of notice period, then you can neglect the letter received now.
Moreover, the purpose of notice period is to find an alternative staff to place in the place of those leaving. If one employee is not reporting (rather absconding) the employer should feel her absence from the day one of her absence itself and NOT AFTER SIX MONTHS.
I donot know there is any law permitting an employer to summon for not reporting. Therefore, you can reply saying that you had resigned on medical ground and you do not presume that any loss had incurred due to your resignation. I donot think that the employer will move the case to court and if it is, you can face it as these are very common.
All the best.
Madhu.T.K
From India, Kannur
4193An employer can insist for notice pay provided the same was mentioned in the Standing Orders of the Company. If no standing orders is framed and if the company is not required to have standing orders under the Industrial Employment Standing Orders Act, then the matter of notice pay should be given in the appointment letter issued to the employee. If notice period or payment in lieu is stipulated, then an employee is supposed to pay notice pay or give notice in advance while leaving the organisation.
HOWEVER, an employer is not supposed to ask for damages for not reporting if that employer had not incurred any financial loss due to his/her not reporting. In your case your friend had worked only for 2 months which is insufficient to make a loss to the tune of Rs 100000 !! Damages matters when the employer had incurred a heavy expenditure to TRAIN an employee to make him/ her FIT to WORK in his establishemnt. And two months seem to be a very less period for such kind of training.
Normally. soft copy of the resignation letter will not be accepted. He/ she should have sent signed (hard) copy of resignation stating valid reasons.
I suggest that the letter sent by the company calling on to pay damages will not stand without justification of actual damages caused to the company.
If appoitment letter is silent in respect of notice period, then you can neglect the letter received now.
Moreover, the purpose of notice period is to find an alternative staff to place in the place of those leaving. If one employee is not reporting (rather absconding) the employer should feel her absence from the day one of her absence itself and NOT AFTER SIX MONTHS.
I donot know there is any law permitting an employer to summon for not reporting. Therefore, you can reply saying that you had resigned on medical ground and you do not presume that any loss had incurred due to your resignation. I donot think that the employer will move the case to court and if it is, you can face it as these are very common.
All the best.
Madhu.T.K
From India, Kannur
Hi Anil,
Its very nice see your way of explanation. I am also trapped in a similar condition. I have resigned from my previous company and the resignation has been confirmed on e-mail(with dates specified). The employer had also given a date to my relieving. But during my notice period my father had a serious accident. So, I had to rush to my place in hurry. The process took some time, but i tried to inform the employer by mail after a week, but i missed to give all the details. On next week, i did send him complete description of my problem with medical document as attachment. During this period, the employer send me notice for my absence from my work by courier. Three such notices were sent when i was running for well being of my father. When i get stable i sent him the company materials by courier which came back as 'unclaimed'. Next to it I received a legal notice from the employer for absence from work or a claim of three month of gross salary within 15 days. I need your advice as soon as possible.
Thanks in advance.
Rajeev
From India, Madras
Its very nice see your way of explanation. I am also trapped in a similar condition. I have resigned from my previous company and the resignation has been confirmed on e-mail(with dates specified). The employer had also given a date to my relieving. But during my notice period my father had a serious accident. So, I had to rush to my place in hurry. The process took some time, but i tried to inform the employer by mail after a week, but i missed to give all the details. On next week, i did send him complete description of my problem with medical document as attachment. During this period, the employer send me notice for my absence from my work by courier. Three such notices were sent when i was running for well being of my father. When i get stable i sent him the company materials by courier which came back as 'unclaimed'. Next to it I received a legal notice from the employer for absence from work or a claim of three month of gross salary within 15 days. I need your advice as soon as possible.
Thanks in advance.
Rajeev
From India, Madras
Dear
Pl go through the terms and conditions of appointment letter. If she is confirmed employee and appointment letter mention the notice period and further if she has resigned of her own, than she is liable to pay notice period. From your information it is observed that she has not resigned and the company has sent the legal notice. Pl confirm whether the company has terminated her service by that legal notice and if so than no notice period is required to be given. Even in case of termination, the company can't terminate without holding domestic enquiry. Even in the case of unauthorised absence, domestic enquiry is must before termination even if she had worked for 10 days.
ak malhotra
From India, Guwahati
Pl go through the terms and conditions of appointment letter. If she is confirmed employee and appointment letter mention the notice period and further if she has resigned of her own, than she is liable to pay notice period. From your information it is observed that she has not resigned and the company has sent the legal notice. Pl confirm whether the company has terminated her service by that legal notice and if so than no notice period is required to be given. Even in case of termination, the company can't terminate without holding domestic enquiry. Even in the case of unauthorised absence, domestic enquiry is must before termination even if she had worked for 10 days.
ak malhotra
From India, Guwahati
-------------------
Hi Madhu,
Quite a Similar Case, was working for a very reputed Media Company.
While joining we had one month notice period (can be settled against earned leaves if any). After a year new policy was enforced which says... - No Earned Leaves Will be Settled even if one day short notice is given.
Even the salary which to be paid would be full salary and not the basic (All companies I have worked previously asked for basic salary in lieu of notice period)
After two months of my resignation the HR Head is threatening of Legal Actions and Talking to my Current Employer if I don't pay the full salary amount. (Though I have received accepted copy of resignation from my Boss)
I look forward to your suggestion.
Please help.
regards,
Deepak
From India, Mumbai
Hi Madhu,
Quite a Similar Case, was working for a very reputed Media Company.
While joining we had one month notice period (can be settled against earned leaves if any). After a year new policy was enforced which says... - No Earned Leaves Will be Settled even if one day short notice is given.
Even the salary which to be paid would be full salary and not the basic (All companies I have worked previously asked for basic salary in lieu of notice period)
After two months of my resignation the HR Head is threatening of Legal Actions and Talking to my Current Employer if I don't pay the full salary amount. (Though I have received accepted copy of resignation from my Boss)
I look forward to your suggestion.
Please help.
regards,
Deepak
From India, Mumbai
1) Employer has not right to say that he cannot accept resignation letter by e-mail
2) Employer has right to claim "pay inlieu of notice period" & "damages" provided the same is "service agreement"
3) Amount so claimed should not be excess to whatever mentioned in the service agreeement
4) You can call for explanation on the delayed claim provided that you are staying in the same that was provided with your last employer and the notice was served in the same address.
5) If you were unable to attend the office due to medical reason, you should have sent the doctor's advise/report & the conseqeuence of your failure is what you are facing now.
From India, Tiruchchirappalli
2) Employer has right to claim "pay inlieu of notice period" & "damages" provided the same is "service agreement"
3) Amount so claimed should not be excess to whatever mentioned in the service agreeement
4) You can call for explanation on the delayed claim provided that you are staying in the same that was provided with your last employer and the notice was served in the same address.
5) If you were unable to attend the office due to medical reason, you should have sent the doctor's advise/report & the conseqeuence of your failure is what you are facing now.
From India, Tiruchchirappalli
Hello ,
I have same case, working in a company as php developer. But after one month the boss said to give resignation as he is not satisfied from work. i gave resignation and he ask to come after 10 days for salry. when i go for salry after 10 days he refuses to pay salary. After three days he send notice that i have come to compny and loss her furniture and software of compny and pay Rs 100000 for compensation with in 15 days. what to do plz rely soon.
Thanks
shiva
From India, Ambala
I have same case, working in a company as php developer. But after one month the boss said to give resignation as he is not satisfied from work. i gave resignation and he ask to come after 10 days for salry. when i go for salry after 10 days he refuses to pay salary. After three days he send notice that i have come to compny and loss her furniture and software of compny and pay Rs 100000 for compensation with in 15 days. what to do plz rely soon.
Thanks
shiva
From India, Ambala
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