Hello Sir, I had offer of employment from Tech Mahindra in June 2014 but I went there only for two days(2nd and 3rd June 2014) and due to some family problems, I could not got there again. My Offer letter clearly mentions that 7 days leave without approval and intimation will lead to termination. But nowhere It mentions that I need to pay anything. Today I have received a letter from their advocate asking to pay Rs 42091 + 15% interest per year since 1st April 2015. If I have not drawn any salary and do not possess any of the organizations assets and have not even ever logged into the companies intranet , lan or email so why am I liable to pay anything to the organization? Below is the termination clause of the offer letter 3. Termination of Employment (a) Either party can terminate this employment by serving a notice of 90 days on the other. The Company may at its absolute discretion make a payment representing salary (basic) in lieu of notice of termination. However, for cause like misconduct, gross negligence, willful insubordination or disobedience, misbehavior or non-performance, Tech Mahindra Limited. may terminate your services with immediate notice. The Company shall have the right to place you under suspension on subsistence allowance and benefits as applicable pending any investigation into potential dishonesty, gross misconduct, misappropriation, gross negligence, fraud or other circumstances, which expressly provides for termination of your employment which if proved, would entitle The Company to dismiss your services summarily. (b) In the event of your serving on The Company a notice of termination of employment by submitting a resignation letter, your release will be governed by the relevant policies in force at that point in time, subject to satisfactory handing over of your duties, responsibilities, Company documents, Company assets, etc. to the relevant parties. (c) In case of Associates who are governed by any other service agreement(s) for serving a minimum stipulated period, the associate will need to mandatorily fulfill requirements of Clause 3(a) along with applicable exit policy clauses under stipulated service period agreed to and provided therein. (d) Unauthorized absence or absence without permission from duty for a continuous period of 7 working days would make you lose your lien on employment. In such case your employment shall automatically come to an end without any notice of termination. (e) You will be governed by The Company's laid down Code of Conduct and if there is any breach of the same or non-performance of contractual obligation or the terms and conditions laid down in this agreement, your service could be terminated as per the procedure mentioned in Clause 3(a) herein above. The Company further reserves the right to invoke other legal remedies as it deems fit to protect its legitimate interests.
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Lawyers are available now to answer your questions.
1) reply to legal notice
2) deny your liability to make payment of Rs 42000 with interest
3) mention that on account of unauthorised absence for 7 days your services were automatically terminated
4) call upon company to furnish detailed particulars on what basis liability to make payment was calculated
No doubt it becomes your duty to give a reply legal notice denying the allegations demanding you to pay the amount due top the company due to your decision to abandon the company/employment without following the rules or procedures i this regard.
But since you say that you hardly remained in your employment for two days only, in my opinion, any response to this notice would be an acknowledgement from yor side to accept the liability and they may drag you to to court of law for recovery.
If you have not furnished any indemnity bond and not signed the employment offer letter, you may ignore this notice and arrange to return the future notices with reason 'addressee not available'.
You may drag it on for some more period by which the limitation of three years period will come to an end, after which it will be difficult for the employer to initiate any recovery action, being barred by limitation.
No doubt this suggestion is not proper, but to protect your genuine interests, you may adopt this method or you may land up in paying the huge amount for that small mistake.
Hello,
You will have to file a reply to the legal notice at the earliest in which it will be specifically jotted down that in case any legal action is initiated you will be liable for the cost of the same and also specific action will be instituted against you.
regards
