halesh kaur
hi i was working in a place for about three months now. i started work on 15/12/14 and only receive my appointment letter on 25/12/14. on top of that my appointment letter stated the date 1/12/14, which is not logical as i only went for the interview on 2/12/14.

i was basically not happy at work as the boss gets furious over petty things. he also does'nt like the staff leaving at 6pm. my parents dont like me coming home as im a girl and youngest in the family plus my dad's car got robbed and it was not safe to come back late.

i disscuss with my boss he said alright but still when the clock ticks 5.30pm, thats when he gave us job to complete. in conclusion i wasnt happy because he was too harassing us.

i left on the 31/3/15 after receiving my salary. i gave in an immediate notice of termination. they confirmed my employment on the 25/3/15 but there was no proof of recipient. so i took that as a back up and left.

now they have sent me 3 letters in total from the company stating that i have to pay and non compliance will lead to legal notice. (the boss wife is a lawyer). so i left it aside and didnt bother. now the legal notice has been issued and they have asked me to pay the salary in lieu if not they will charge me in court. now im sure what do i do at this state. i have not gone to the labor office. i hope i can get some answer.

From Malaysia, Shah Alam
nathrao
3131

Did your appointment letter have any clause about resignation,termination etc?
Some bosses are like this-they will load you with work just before closing time.
One will have to learn to tackle such working conditions.
Now as far as the letters from company are concerned, you need to see whether notice period for resignation was specified?
Did the company clear your resignation after you intimated that you dont want to work with them any further.
Have you any documentary proof of acceptance of resignation?
Any way you need to give more information for people to advice you.
Terms of employment
What post you were working?
If it becomes a legal challenge you have enough material of casual attitude of company-you joined on 15-1-14 but their appointment order is from 1-12-2014.
Off course you must see how to avoid legal battles because it is costly and time consuming.

From India, Pune
halesh kaur
yes, the clause states that resignation is 1 month. they didnt accept the resignation because it was immediate. i was working as an account clerk. it will be time consuming but i left because i just joined a new place to work. due to my commitments i had to find a work place asap.

From Malaysia, Shah Alam
sushilkluthra@gmail.com
221

Since as told by you, the appointment letter is ante-dated w.e.f. 1.12.2014 although your interview was held on 2.12.2014 and you joined on 15.12.2014, it is evident that offer of appointment or appointment was ante-dated and fabricated with ulterior motive to deny your right to resign immediately during probation. The employer knew well his harassing attitude because of which an employee may leave him immediately. Send him reply through advocate that the appointment letter dated 1.12.2014 was fabricated and ante-dated by him and if he intends to pursue in court, he will be liable for prosecution of forgery and contempt of court besides harassing you and doing unfair labour practice.If the confirmation letter was not served upon you, then you were on probation and could have left immediately.
Thanks
Sushil

From India, New Delhi
nathrao
3131

Your ex boss's wife is a lawyer,she will in all probability tell her husband that one should approach court with clean hands.
He has given you a antedated appointment letter.
He intentionally delays staff by loading them with work just before end of working hours.
While your boss may have a coverage of one month notice,he is the wrong in some aspects and when he gets a proper reply from an advocate,he will step back and drop the idea of pursuing your matter legally.

From India, Pune
halesh kaur
i hope so nathrao. i will consult an advocate in this matter. and same goes to my collegue, she was employed in may 2014 but only receive her appointment letter in jan 2015. plus she was under wage calculation and not paid the Employers Provident Fund. she also has received a letter of demand because she too left together with me.
From Malaysia, Shah Alam
sushilkluthra@gmail.com
221

Since your colleague was paid less wages than agreed, she was entitled to revoke the contract without any liability. Instead she can claim wages which were not paid by employer but were due to be paid. Ask her to approach labour commissioner for getting the dues.
Thanks
Sushil

From India, New Delhi
nathrao
3131

One must look for peaceful atmosphere to carry on life.
Stressed life with legal hassles and tension is not good for holistic life.
Disputes,court cases,labour commissioners are all agencies to approach when things go beyond a level.
I would only suggest if you or your friend get pestered by legal notices or other pressures,then hit back legally.
Both of you have got material to hit back as per what you have written.
Till then live life fully and enjoy it to the brim.
This is my philosophy in life.

From India, Pune
sushilkluthra@gmail.com
221

Yes I fully concur with Mr Nathrao. As far as possible avoid legal resorts but when the employer himself is stooping down to such levels then if you do not reply through advocate, it goes against the employee in further proceedings in court.
Thanks
Sushil

From India, New Delhi
halesh kaur
hi sushil, it will effect my reputation if i bring it to court. it will also cause them shame if i were to bring out alot of things and they will loose employee's once they know. i dont wish to do anything about it until i receive the lawyer notice by hard copy. because now they have only sent to my email, and its stated that its by 'registered post' but till now i have not receive anything. when i do, i will get advice from the labor dept.
From Malaysia, Shah Alam
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