Immediate Resignation
7 months ago
I joined a company with remote work at home from Surat, Company was registered in Delhi and I am working from them Surat, Gujarat. In there offer letter they haven't mentioned anywhere working remotely i don't know the reason behind it but seems tricky. I survived there around 4 and half months and there offer letter said that they can terminate any employee with in 7 days if employee not performed as per there requirement and 3 months period they need if employee wants to resign.
Now I left this company on immediately basis because its offshore company providing accounting to US and working environment is really pathetic and pressure is like next level unbearable and every month they have some new policy change and due to this they have reduced my take home salary on the name of medical claim without my permission they directly reduced it, i came to know once i got the salary in my bank account. So i got fedup and left immediately, now they are threating me to recover money of 3 month notice period. So what should i do legally that they not be able to harrase me from legal notice in future ?
I have there laptop with me and i am not feeling safe to give it to them without any paperwork, so can you suggest how legaly or which document should i ask from company to provide me while taking there assets back ?
A.Dear Client,
Here are some steps you may consider:
Review Your Employment Contract: Carefully review your employment contract to understand the terms and conditions, especially those related to notice periods, termination, and the return of company assets. It's important to know what the contract says about notice periods and the return of equipment.
Document Everything: Maintain records of all communication with the company, including emails, letters, and messages related to your resignation and the return of company assets. This documentation can be valuable in case of future disputes.
Consult with an Attorney: It's advisable to consult with a labor or employment attorney in your jurisdiction. They can provide you with guidance on your specific rights and obligations under local labor laws and help you navigate the situation effectively.
Request a Formal Release Agreement: You can request a formal release agreement or settlement agreement from the company. This document should outline the terms and conditions of your departure, including any financial settlements or agreements regarding the return of company assets. Ensure that you review this document thoroughly and, if necessary, have your attorney review it as well before signing.
Return Company Assets with Documentation: If you are returning company assets, such as a laptop, request a formal acknowledgment of receipt from the company. This document should state that you returned the assets in their original condition, protecting you from potential claims of damage or non-return in the future.
Address Legal Threats Properly: If the company threatens legal action, do not ignore it. Respond to any legal notices through your attorney. They can provide a formal response and guide you on how to proceed legally.
Keep a Record of Salary Deductions: If the company made unauthorized deductions from your salary, document this as well. You may want to consult with an attorney to determine if you have a valid claim for these deductions.
Mediation or Settlement Discussions: In some cases, it may be possible to engage in mediation or settlement discussions to resolve the dispute without resorting to lengthy legal proceedings. Your attorney can advise you on the feasibility of such discussions.
Thank you.
Here are some steps you may consider:
Review Your Employment Contract: Carefully review your employment contract to understand the terms and conditions, especially those related to notice periods, termination, and the return of company assets. It's important to know what the contract says about notice periods and the return of equipment.
Document Everything: Maintain records of all communication with the company, including emails, letters, and messages related to your resignation and the return of company assets. This documentation can be valuable in case of future disputes.
Consult with an Attorney: It's advisable to consult with a labor or employment attorney in your jurisdiction. They can provide you with guidance on your specific rights and obligations under local labor laws and help you navigate the situation effectively.
Request a Formal Release Agreement: You can request a formal release agreement or settlement agreement from the company. This document should outline the terms and conditions of your departure, including any financial settlements or agreements regarding the return of company assets. Ensure that you review this document thoroughly and, if necessary, have your attorney review it as well before signing.
Return Company Assets with Documentation: If you are returning company assets, such as a laptop, request a formal acknowledgment of receipt from the company. This document should state that you returned the assets in their original condition, protecting you from potential claims of damage or non-return in the future.
Address Legal Threats Properly: If the company threatens legal action, do not ignore it. Respond to any legal notices through your attorney. They can provide a formal response and guide you on how to proceed legally.
Keep a Record of Salary Deductions: If the company made unauthorized deductions from your salary, document this as well. You may want to consult with an attorney to determine if you have a valid claim for these deductions.
Mediation or Settlement Discussions: In some cases, it may be possible to engage in mediation or settlement discussions to resolve the dispute without resorting to lengthy legal proceedings. Your attorney can advise you on the feasibility of such discussions.
Thank you.
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A.Dear Client,
Being fed up with the toxic environment of the work culture of the company, you left the Company without serving a three-month notice period for which the company has warned you to recover the same from you that they can in terms of employment. As regards the reduction of your take-home salary on the grounds of a medical claim without your consent, it may be noted that if a company implements a group health insurance policy for its employees a portion of share of the premium of the said policy is deducted uniformly recovered from the salary of all the employees from the salary of its employees and rest is contributed by the company, and such a deduction for the welfare of the employees need not requires individual consent of the employee on completion of tie-up formalities with the Insurance Company. As regards the assets of the Company, it is to inform you that on the cessation of the relationship between employer and employee, the return of the company's asset is an obligation on the part of the employee to return the asset to its original owner from his end on receipt of delivery confirmation from the company. In that, case you may send an email to the company to arrange for the collection of their asset from you putting a time limit failing which you will send the same through any mode of delivery that is legally acceptable. (INDIA POST). If you quit your job with a written notice and did not serve the required notice period, then the Company cannot take any adverse action against you for quitting the job without serving the notice period and cannot withhold your relieving letter outrightly because your resignation incurs no damage or loss to the Company. Section 27 of the Indian Contract Act, of 1872 prohibits any contract or agreement in restraint of trade and profession. The law states that an agreement/contract will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement/contract that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to serve the employer for a specific period of time. However, for any adverse reaction from the Company, reach out to an advocate for serving a legal notice to the Company and visit the office of the concerned Labour Commissioner for filing a complaint against the employer for unfair labour practice as defined u/s.2(r) of the I D Act for redressal of your grievance against the Company
Being fed up with the toxic environment of the work culture of the company, you left the Company without serving a three-month notice period for which the company has warned you to recover the same from you that they can in terms of employment. As regards the reduction of your take-home salary on the grounds of a medical claim without your consent, it may be noted that if a company implements a group health insurance policy for its employees a portion of share of the premium of the said policy is deducted uniformly recovered from the salary of all the employees from the salary of its employees and rest is contributed by the company, and such a deduction for the welfare of the employees need not requires individual consent of the employee on completion of tie-up formalities with the Insurance Company. As regards the assets of the Company, it is to inform you that on the cessation of the relationship between employer and employee, the return of the company's asset is an obligation on the part of the employee to return the asset to its original owner from his end on receipt of delivery confirmation from the company. In that, case you may send an email to the company to arrange for the collection of their asset from you putting a time limit failing which you will send the same through any mode of delivery that is legally acceptable. (INDIA POST). If you quit your job with a written notice and did not serve the required notice period, then the Company cannot take any adverse action against you for quitting the job without serving the notice period and cannot withhold your relieving letter outrightly because your resignation incurs no damage or loss to the Company. Section 27 of the Indian Contract Act, of 1872 prohibits any contract or agreement in restraint of trade and profession. The law states that an agreement/contract will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement/contract that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to serve the employer for a specific period of time. However, for any adverse reaction from the Company, reach out to an advocate for serving a legal notice to the Company and visit the office of the concerned Labour Commissioner for filing a complaint against the employer for unfair labour practice as defined u/s.2(r) of the I D Act for redressal of your grievance against the Company
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A.Dear Client,
If you left the company immediately and did not serve the three months' notice period, the company may have the right to recover the money for the notice period from you. However, if the company has reduced your take-home salary without your consent, you may have grounds to challenge the company's claim for recovery of the notice period amount.
Regarding the laptop, you can ask the company to provide you with a document that acknowledges the return of the laptop and confirms that you have returned all the assets of the company. This document should be signed by both parties and should clearly state the condition of the laptop and any other assets that you are returning. This will help protect you from any future legal disputes with the company.
In case the company threatens you with legal action, you can send them a legal notice asking them to stop harassing you
If you left the company immediately and did not serve the three months' notice period, the company may have the right to recover the money for the notice period from you. However, if the company has reduced your take-home salary without your consent, you may have grounds to challenge the company's claim for recovery of the notice period amount.
Regarding the laptop, you can ask the company to provide you with a document that acknowledges the return of the laptop and confirms that you have returned all the assets of the company. This document should be signed by both parties and should clearly state the condition of the laptop and any other assets that you are returning. This will help protect you from any future legal disputes with the company.
In case the company threatens you with legal action, you can send them a legal notice asking them to stop harassing you
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