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Labor »Posted 9 Mar 2008             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

legal remedy against leaving job without prior notice


legal remedy against leaving job without prior notice   Hello sir/ma'm,

I was working as a lecturer in an educational institute. The appointment letter that i have signed at the time of joining also stated a service condition that " employee's service can be terminated with three month's notice or salary in lieu of the notice period".

I have faced lots of exploitation reagrding to work and payment during one month of my service.During this service, I got an another better opportunity for a good job. I talked to management people to leave me with 15 days notice period, they did not agree.Therefore, i suddenly leave that job without any prior notice period.

now, i get a notice from an advocate hired by institute. the notice states " you are finally called upon to make the payement of three month's salary (i.e. 30,000.) to the institute within 7 days,failing which the institute shall be constrained to initiate appropriate legal proceedings against you in the appropriate court of law, for which you shall be solely liable and responsible for all the cost and consequences arising therefrom."

now, what should i do?

Seeking for your positive reply.

thanks,'
sitara dev.


   Presumably you seem to have agreed only on one condition that your services could be terminated on three months notice or salary in lieu thereof. That being so, the management is not justified in asking for any compensation not stipulated in service conditions .We advice you that it is desirable to send a reply to the advocate notice stating the aforementioned facts.

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Labor »Posted 30 Apr 2008             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

Notice Period for resigning job


Notice Period for resigning  job   Dear Ma'm/Sir, I'm resigning from my current job as I've got other good opprtunity. As per my Appointmnt letter, "after confirmation, ur service can be terminated by the company by giving 3 months notice period or 3 months' basic salary in lieu thereof. And employee can also resign from the services by giving 3 months notice or 3 months' basic salary". I've put down my papers on 29th April 08 & want to leave by 19th May 08 but my HOD is forcing me to serve 3 months notice period. Could u plz suggest me if I'm ready to pay 3 months basic salary (as I'm confirmed employee), am I still abide to serve 3 months notice period. What should I do in this case. Please advise.
Thank you in anticipation of speedy response.

With Best Regards,
AUM


   if you are complying with the terms and conditions in appointment letter no one can prevent you from leaving your job.Even otherwise the company may maximum ask for a compensation.in your case that also cannot be done as there is specific terms for termination.Now you must send a registered letter to the company for relivement with your willigness to pay the basic salary
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Labor »Posted 28 Jun 2008             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

Notice period


Notice period   My actutal notice period is 30 days.
Notice period served is 20 days.
Leave balance is around 7 days
My bonus amount is pending with the company.
My question is can employer file a legal case against me? legal case


   the company can if they want to.but as is seen none of the companies do really bother as the only remedy they have is to file a civil action against the employee which is time consuming and not really fruitful as the courts will take many things into account before granting any award.
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Human Rights »Posted 11 Sep 2008             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

Resignation without Notice Period


Resignation without Notice Period    was working with a Pvt company.
As iwas looking for change in Job they got this information from some sources.They started harrasing me, then they stopped my salary.Later i met the cahirman of the company and after facing humilation for three days they paid me my salary.I resigned and joined anather co.They have now filed legal case against me and want me to give 3 months salary as per appointement letter,but i feel by not paying me my salary on time they have breached that appointment letter hence i am nit liable to pay ,kindlky suggets


   Due to technical reasons your question send to Pathlegal was not listed before the subject expert. Hence we were not able to answer your question in proper time. We apologize for the inconvenience. Feel free to drop your legal questions/issues to pathlegal.com
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Human Rights »Posted 28 Sep 2008             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

Job Vs Expectations Mismatch


Job Vs Expectations Mismatch   Hi

I joined a reputed firm in 2005 at a supervisory level. To my surprise, I was asked to do coding and programming which does not link to any of my professional skills. I am a training consultant by background. I immediately spoke with my supervisor and told the business leader that this is not what I was hired for. They appreciated my raising my flag and also agreed that it had been a hiring mistake, so I resigned from the company after 9 days. Now, for the past 2 years I keep getting a letter from them asking for notice period recovery amount. I have replied to their notices every time narrating the entire situation, but the notices do not stop. Since it was my first month, I was on probation and was supposed to serve a notice period of 1 month/salary. My offer letter does not mention anything specific about my role and responsibilities.

Can the company initiate legal action against me? Or any harm can be done to me if I do not pay the amount?


   Sorry for the delay in replying .Due to some technical reasons your question was not put before our experts .If you still have the problem you can mail us
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   This answer has been removed as it has not been answered properly. Sorry for the inconvenience caused.
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Labor »Posted 18 Nov 2008             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

How to recover my final settlement dues


How to recover my final settlement dues    I have resigned from my past employer with one month notice. As per terms of the appointment letter, there will be three months of notice period for termination/ resignation purpose for all permanent employee, however there is a clause where it was written that ‘however company reserve the right to pay / recover three months salary in lieu of notice period”. Now I have got a good opportunity and communicated my past employer to release me within one month after adjusting the two months salary from my annual performance pay. But they are not accepting my proposal and not yet settled my final dues. Even they are forced me to serve three months notice period and saying that they will not settle my account in future in terms of unauthorized absence. Please help or refer any court decision relevant to this issue. Thanking you.


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Labor »Posted 10 Feb 2009             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

Reduction in Notice period due to pregnancy


Reduction in Notice period due to pregnancy   My company has 3 month notice period policy. I do not want to serve entire 3 months since I am pregnant (3 months). Company is insisting I serve the notice period . Is there any legal consequence for not serving notice period ?.


   This answer has been removed as it has not been answered properly. Sorry for the inconvenience caused.
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Labor »Posted 25 Feb 2009             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

I have left my job during training period ?


I have left my job during training period ?   In 2007 I was appointed as development manager in TATA AIG (Insurance), I have signed the appointment letter and my copy is unsigned, I was there with TATA AIG only for 2 days during my training period... and then I left after 5 to 6 months, company had sent me a TDS certificate of 35,000/. Then I wrote one letter stating that how can u pay TDS. If you had paid me salary then provide me details... Now they are issuing a notice stating that I have to pay 32000/- for the loss they have incurred.. How can I pay the money I didnt even work over there.. they have not even for ask my resident proof or photographs from me.. no I card was issued... Pls reply


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Labor »Posted 22 Mar 2009             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

Resinging from company without serving the notice period.


Resinging from company without serving the notice period.   Dear Sir,
I am resigning from my current job without serving the 3 months notice period as stated in my appointment letter. I want to know what are the consequences I can face because of that. And during my service I was not given any incentives which they decide to give in during the general meetings, is it related to this if I have to take any further steps.
Kindly let me know some solution.
Regards,
Ketan Vaidya


   This answer has been removed as it has not been answered properly. Sorry for the inconvenience caused.
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