Employer sent legal notice for notice amount recovery
2 years ago
Hi,
I joined one small software company on 12/04/2021 with monthy salary of Rs.1,18,000. The company has put me in 3 months probation period. As I wasn't satisfied with the company being the fact that it's a small company so i was still keep looking for better opportunity. On 24th April,2021 I was tested covid positive so I had to take leaves for home isolation. During the final days of recovery I received the one job opportunity which I was looking for and I take that job. On 10/05/2021 I had received salary from my current company and after that I resigned from the job and submit company asset. But now that current company has sent me legal notice for unserved notice recoverable and leave recoverable and also accussing me that I shown false medical condition.The amount payable is approximately Rs. 1,44,000 which i am in no condition to pay. I signed their appointment letter but no other legal agreement made between us. So please suggest me what to do in this case now.
Hoping for your prompt response.
Thanks
Prakash Chandra
You can only legally quit a company if you served the entirety of the notice period or if you can buy out your notice period. In your case, you have to do either of them otherwise you may not be allowed to leave.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
There are two courses when you leave a company, First, you can serve the notice period and second you can quit by way of a buyout. The appointment letter is a form of a legal agreement and you as an employee are bound by it. So, you have to pay the amount to quit legally.
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Covid is universal and you cannot be blamed. Ask him to approach Civil Court for recovery it will take 46 years.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
Company have to make registered employment contract ?
Pay now for your mistake
or
fight case and then also pay for your mistake
you can save for leaves if you have proper corona report.
So, legally and in equity you are bound to pay.
In case you want to negotiate the amount and go for settlement then You can initiate ODR- Online Dispute Resolution process through Vidhi Samaadhaan through this link https://www.vidhikarya.com/online-dispute-resolution
layoff as BU is closing
Termination
FnF amount not received
No Leave Encashment - Worked for 18 plus years in the organization
Salary FnF not done
