• Employer demanding for notice pay and recovery

I joined a company in Gujarat on 1 Oct 2016 and left company on 20 April 2017 (worked for 6 months 20 days),I was on leave when i resigned,i sent them a mail on official id that due to my family conditions i was unable to join my duties again.Then few mails exchanged between us then in last mail i explained them that i am really unable to come,there was no reply from there side after that mail.Then on 6th June 2017(after approx 45 days) i received a letter from company by registered post that i have to pay a recovery amount of 43540/- and there was no breakup or details of that amount attached with the letter,so i replied them and ask for the details and breakup of that amount by mailing them on official mail id on 13/6/2017.Then they sent me the details on 13/6/2017 asking for the three months notice pay and recovery in salary of April month,the full & final sheet was signed on 13/6/2017,the same day they sent me the details but i received the recovery letter on 6/6/2017 which reflects that they prepare the sheet after i asked for details.
Then i replied them of 16/6/2017 that i am not liable to pay three months notice pay as i was in probation period.According to the appointment letter Probation period was six months but it was also written in appointment letter that"Unless a order in writing confirming you probation is given,you will be deemed to be on probation even though you have completed your probation period".The letter of confirmation was never issued to me by company.Then they replied that according to them i was a confirmed employee and they gave me all the facilities of confirmed employee.which was a lie as till the date i was working there i was not entitle to any leaves and they also forced me to work on Sundays without any extra pay or compensatory off,they deducted my salary for every leave i took.Then i got a call from company's advocate on 17/6/2017 and we settled on one months notice pay.Then on 1/7/2017 i received new full & final sheet with one month notice pay and they also deducted approx 12000 from my payable salary.They also attached two bills of fuel in which one is signed by me for recovery these bill were not attached in previous sheet.
So i replied then and ask proof for recovery amount & my salary slip for April month.Then they replied that if i want to see the proof & salary slip for April month i have to come to their head office in a week otherwise they will understand that i am not interested in full & final settlement and will take legal action.
Then i replied them that i can not come and again asked for the proofs as i do not believe them now and can not take risk of going to their office.
Now till date i do not received reply from their side.
In my knowledge they have only signed proof by me of 5000+2800
What should i do in this situation?
Asked 8 years ago in Labour

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

4 Answers

1) since you were in probation you are not liable to pay notice pay salary for 3 months

2) since company did not issue you any confirmation letter you are not liable to pay notice period salary

3) one month notice pay is reasonable

4) it i doubtful company would take legal proceedings to recover partly amount

5) you should agree to pay Rs 8000 for which proofs are available with company

6) amicable settlement is best option

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can chalk out all those irregularities that you observed from the day 1 of the correspondence you had with your employer, give the details to an advocate with instruction to issue a suitable legal notice to the employer demanding your dues till date as per the terms and conditions of the employment.

Wait for a stipulated period and then proceed as per law.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Wait for reply from the company

You can make an offer for amicable settlement

You can withdraw your PF

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

They cannot withhold your PF without any valid reason.

If they harass you on this, you may take up the matter with The Commissioner of PF within your jurisdiction.

You can await their reply

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer