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Author Topic: Can an employer initiate civil and criminal action  (Read 352 times)

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Offline chaitan122016

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Can an employer initiate civil and criminal action
« on: January 27, 2017, 04:06:06 AM »
Dear Sir,

Greetings for the day.

I left my previous organization without serving the complete notice period of one month.

As per my offer letter the terms and condition for the termination of service was:
Services may be terminated by either party by giving 30 days notice period in writing or by giving one months salary.

After my confirmation in the same company, as per the appointment letter, the termination conditions were:
Services may be terminated by either party by giving 30 days notice period in writing or by giving one months salary. Company can refuse to accept your resignation till proper hand over of charge is been done"

Reason for quitting the job:
1) During my probation tenure i was entitled to rs 30000 (in hand) of remuneration. The same was been paid to me in cash. on objecting the salary in cash the management turned deaf ears and said it is our companies policy to pay cash in probation.
2) After becoming permanent my salary was slashed down to Rs. 25000. On asking for breakup they showed the deductions in
           A) bonus @ 8.33%
           B) Leaves granted to employee in a year.
           C) Professional tax
On objecting to such deduction they said "either take it or leave it"
3) Being a post graduate they purposely made me do all the clerical jobs for which i had complained twice to the seniors.
4) On getting a better growth and future prospect I decided to hand over my resignation in the first week of december to the partner of the company. He refused to accept the written resignation. From that day onwards they started creating a mental pressure. The company stopped to pay my november salary as well. Under usual circumstances the company pays all its employee within the first 7 working days, however i had to literally plead them to release my November salary till 6 - 7 days. They finally released my salary for the month of november after 6 days delay from the normal day of payment.
5) post my resignation letter submitted to the partner i was mentally harassed by the partner of the firm.

I served the company for the month of December for 13 days and post my resignation i served the company for 8 days. With increasing torture and harassment i finally decided to quit the company with immediate effect after informing all the reason to one of the partners of the firm.

After a few days i started getting calls from one of the other partner of the firm. in reply to his call i wrote him an email in which i clearly stated the reason for my immediate resignation (i.e mental pressure which was unjustifiable). In the same email i also gave them a breakup of money that i am supposed to receive for the month of december plus my accumulated bonus which is more than the remaining days of my notice period.

In short I have served the company for the month of december for 13 days (i.e 5 days prior to resignation and 8 days post resignation). My accumulated bonus which is equal to my 2.5 days additional salary.

Issue: the company has sent me an Registered Ad stating that i shall pay for the remaining notice period and also lakhs of Rs. towards harassment that has been caused or else they shall initiate criminal and civil action against me.

My Query:


1) Are there any judgments passed by the high court where in an employee can terminate a contract if he is been mentally tortured / pressurized. if yes can you please let me know on those important judgments which can support my case.

2) Can a company ask for compensation for harassment which is three times my annual salary.

The fact is vice versa, I have neer harrased any one yet they are asking for compensation. 

3) Please can you send me any important decision / judgment / law (section) which can support my case. 

Your help and time is highly appreciable.

Chaitan

 Please note: It is a mid size company in bang lore with strong base.

Offline riteshmaity

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Re: Can an employer initiate civil and criminal action
« Reply #1 on: January 27, 2017, 11:39:52 AM »
1) Are there any judgments passed by the high court where in an employee can terminate a contract if he is been mentally tortured / pressurized. if yes can you please let me know on those important judgments which can support my case.

An employee can resign from service any time as per his own will. But if there is a notice period, then he is supposed to serve the notice period or pay the equivalent amount. If the employee does not serve the notice period nor pay the equivalent amount, then the company has every right to recover the notice pay amount through litigation. Whether the employee is mentally tortured or pressurized is a matter of elaborate discussion and debate and depends on factual aspect. Assuming there is evidence of mental harassment, still it will be difficult to evade the notice period or pay.


2) Can a company ask for compensation for harassment which is three times my annual salary.
As long as the company can prove and quantify the damages caused by the act of an employee, it can claim such amount. Again proving harassment is very difficult unless the act of employee has caused some materialistic loss.


Since the company has sent a letter/ notice through registered post, it is advisable to send a reply of the letter immediately. If required, get the reply drafted by a lawyer.
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