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7 months ago

Hi Sir/Madam, i have worked X company for 5 months, for that they paid full salary and Joining bonus aswell. In the middle of 5th month my manager forcefully asked me to resign and he has menction to HR that i was absent from last 2 months. Now the HR team is continuously sending mails saying like i have to pay that absent period salary and Bonus amount have to pay back as recovery amount. And today i got Post letter from company saying that this is the Final notice. Are they going to take any Legal action on me?
Note: i dont want any experience letters from that company.

Kishan Dutt Kalaskar

Responded 7 months ago

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A.Dear Sir,
If you do not need experience letter etc then just ignore such notices from your previous company. They cannot go to any court to recover such amount. Nothing to worry.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client
In the absence of a specific provision or stipulation in the contract of employment, an employer cannot take any punitive action either for breach of contract or for any misconduct, especially in the case of forceful resignation which amounts to victimization with ulterior motives and unfair labour practice on the part of employer/Company. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a counter legal notice to the Company, reach out to the office of the concerned Labour Commissioner for filing a complaint against the company for victimization and unfair labour practice for redressal of your grievance.
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Vidhi Samaadhaan Vidhi Samaadhaan

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