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Author Topic: Got legal notice for not serving notice period.  (Read 906 times)

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Offline iamkapilgarg

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Got legal notice for not serving notice period.
« on: September 06, 2015, 07:16:06 PM »
Hi,

I was working in Noida for a software firm as a Technical Consultant. The notice period there was of 3 months. I could not serve the notice period, so I asked to buyout. But the Director or HR didn't reply to my resignation for 2 weeks. They verbally told me that complete all your work and handover your work to other colleague and then we will reply. In 2 weeks, I completed my whole work and handover my tasks to other colleague. Still they didn't reply to my resignation. So I left the company without in 1 month without getting any releiving letter or experience letter. While leaving, when I was returning laptop, they refused to give NOC, So I just kept the laptop there, asked my friends to be witness of returning and then left the company. Now I received a notice period which says:

1. Pay 3 months of salary for not serving notice period which is like 1,70,000.

2. Because of you leaving in the middle, our project lost 25 lakh rupees. So pay us 25 Lakh.

3. Return laptop and other gadgets.

4. Return all the confidential documents which you copied from our system (I don't know what document they are talking about, I didn't copy any)

5. Attorney fees of this document i.e. 33,000 rupees.

 

Please advice, what should I do in this case.

Offline riteshmaity

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Re: Got legal notice for not serving notice period.
« Reply #1 on: April 22, 2016, 09:09:53 PM »
Hi,

I was working in Noida for a software firm as a Technical Consultant. The notice period there was of 3 months. I could not serve the notice period, so I asked to buyout. But the Director or HR didn't reply to my resignation for 2 weeks. They verbally told me that complete all your work and handover your work to other colleague and then we will reply. In 2 weeks, I completed my whole work and handover my tasks to other colleague. Still they didn't reply to my resignation. So I left the company without in 1 month without getting any releiving letter or experience letter. While leaving, when I was returning laptop, they refused to give NOC, So I just kept the laptop there, asked my friends to be witness of returning and then left the company. Now I received a notice period which says:

1. Pay 3 months of salary for not serving notice period which is like 1,70,000.

2. Because of you leaving in the middle, our project lost 25 lakh rupees. So pay us 25 Lakh.

3. Return laptop and other gadgets.

4. Return all the confidential documents which you copied from our system (I don't know what document they are talking about, I didn't copy any)

5. Attorney fees of this document i.e. 33,000 rupees.

 

Please advice, what should I do in this case.

1. You might have to pay the 3 month's notice period excluding the date from which the resignation was submitted till your last day of work. However, the company can recover such amount from you through money suit, but they cannot adjust/ deduct the amount from your salary/ dues.

2. You are not entitled to pay for any loss for your leave. It is fundamental right of an employee to leave a company in a legal way for better opportunity.

3. write to them that you went on a particular date and tried to refund the laptop and other accessories which they refused. Now ask your company how you should send all those things.

4.Write to them denying such false and malafide allegations. (THIS IS IMPORTANT)

5. You are not entitled to pay any fees incurred by the company regarding legal charges. 
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