• Legal notice for not serving notice period

I have joined an organization back in May 2016, at the time of interview they've asked me to sign a BOND for two years after completing the probation period of 1 month. After a month I received the confirmation letter of employment however company did not ask me to sign any bond for next 6 months. During this time, I have faced many problems with management and decided to leave this organization for good. When the management find out about my plans to leave, they asked me to sign the bond, to which I refused. So, they asked me to forfeit my HIKE which they've offered me at the time of joining and agreed to pay as per my ctc. with my previous employer. This was unethical move, and company delayed my salary for consecutive two months, while other employees received their salaries on time. I found out that it was intentional and then I resigned from the office stating inability to serve my notice. 
The management came up to me asking for submitting one-month salary for not serving notice period. I did not respond and moved to another company after 1 month, and they do not require reliving letter, so I didn't bother about the last company. 
Now after 3 months they've find out that I am working somewhere, and they sent me a legal notice-stating the following:
Pursuant to the instructions from and on behalf of my client M/S XXX,  I do hereby serve you with the following Legal Notice: - 
1. Refer to appointment letter dated 08/06/2017 issued by my client whom you joined on 08/06/2017.
2. That as per the employment agreement you have committed breach of contract by not serving 30 days notice.  As per the employment agreement you had to give prior notice of 30 days or had to deposit salary equivalent to  30 days prior to leaving the job but you left the job without any intimation and didn't followed this term.
3.That your resignation letter does not mention anything about your notice period. As per the terms of your appointment letter and employment agreement you are required to serve a complete one month notice period effective from the date of resignation. In case, you do not serve the notice period, you have to pay the organization a complete one month’s salary.
4. That my client tried its best to make contacts with you but failed and lately it came to notice of my client that you have joined some other company.
5. That by violating the employment agreement and your appointment letter, you have caused a loss to my client which you are legally liable for.
It is, therefore, advised you to deposit an amount of Rs. 70,000/- within a period of 10 days with interest @ 9 % pm failing which this my client shall be constrained to file a case against you at your cost and expenses to which please note and take action accordingly.
 I, therefore, through this Notice finally call upon you to pay to my client Rs. 70,000/-. along with future interest @ 9 % p.a. from the date of notice till act.
Now my question is: can they take up legal action against me?
Asked 2 years ago in Business Law from Chandigarh, Chandigarh

Yes they can take up action agaisnt though no bind was signed but at time of appointment they you have agreed to above terms on which your appointment was made and notice period is necessary condition, if otherwise was the case that you have been not served a notice period than you can also claim same from that so yes you have to fulfil terms of agreement and to avoid future hassels have to pay one.month salary to them as agreed otherwise they can file a suit of breach of agreement and specific performance on which they can claim.legal charges too.

So it is advised to pay because in case they file suit you will incure legal charges and court can order to pay as the agreement is binding.

Though on interst part you can give a reply to notice stating that is not legally charged as no intention from side of employer was received so you can bargain same.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

Yes they can

Immediately send a reply to the legal notice, so that if in case they file a case against you, you have a valid defence to show that you were vigilant enough to prove your stance in the reply.

Regards

Anilesh Tewari
Advocate, New Delhi
17615 Answers
288 Consultations

5.0 on 5.0

Dear Concern,

That law that is applicable is The Punjab Shops and Commercial Establishments Act, 1958 and that demand only seven days notice to be served by you and not more than the relevant section is section 23.

Notice by employee. -- (1) No employee, who has been in the service of the employer continuously for a period of three months shall terminate his employment unless he has given to his employer seven days previous notice or pay in lieu thereof.

(2) Where an employee contravenes the provisions of sub-section (1) his employer may forfeit his unpaid wages for a period not exceeding seven days.

So from the above mention law it is clear that you have to pay maximum of 7 Days payment , however you should send notice to your employer as you have enough materail and interrupt they will pay you money or they will not harsh you .

So my advice to send legal notice to them for harashmnet .

Ravi Kumar Singh
Advocate, Patna
52 Answers
2 Consultations

4.0 on 5.0

you are bound to serve one month notice period as per terms of your appointment letter

2) since you have failed to do so company can sue you to recover one month salary

3) better pay one month salary as per the legal notice issued to you

Ajay Sethi
Advocate, Mumbai
74626 Answers
4464 Consultations

5.0 on 5.0

1. It has to be seen whether indeed in the appointment letter there was any notice period of 30 days mentioned or not.

2. If yes then you are stipulated to do so.

3. However this clause has no rigid applicability and in certain conditions like non cooperation or hostile working environment or harrassive attitude of management you can escape from clutch of this clause.

4. So taking recourse to such condition you should reply to the notice and highlight their highhandedness forcing you finally quit the company without serving notice period.

5. You may not take this notice with much seriousness as mostly the employers do not file civil suit to recover this money as pursuing litigation involves more expenses and span of time.

Devajyoti Barman
Advocate, Kolkata
19621 Answers
278 Consultations

5.0 on 5.0

Dear Sir,

I am dealing with similar cases. You may see the following.

The present era is experiencing phenomenal changes in the economy and industrial processes, which has resulted in greater business competition. To cope up with competition, the employers incur huge expenditure in imparting training to their employees for improving the quality of goods and services of the company. However, sometimes the employees leave their employment after honing the skills & improving the knowledge of the industry for better salary and incentives. The increasing rate of attrition subjects the employers not only to financial losses but also delays in completing the ongoing projects thereby directly impacting their goodwill & reputation in the market. Therefore, in order to safeguard their interest, employers have of late started to obtain an employment bond from their employees who are found suitable for training or skill development. Such employment bonds are agreements between the employer and employee wherein among other terms & conditions of the employment, an additional clause is incorporated which requires the employee to serve the employer compulsorily for a specific time period else refund the amount specified as bond value.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5298 Answers
172 Consultations

5.0 on 5.0

Yes, you are in breach of appointment condditions for not providing the notice of resignation through your resignation letter. The bond is a common practice to retain the employee for longer period and you agreed to sign the bond at the time of appointment and you have agreed for.

The company in case of non reply/payment may go to the court for recovery of money.

Vimlesh Prasad Mishra
Advocate, Lucknow
6380 Answers
20 Consultations

4.9 on 5.0

Hello ,

Yes there is a violation of contract on your part . You were required to serve the notice period .

Regards.

Swarupananda Neogi
Advocate, Kolkata
1632 Answers
4 Consultations

4.7 on 5.0

This is just a legal notice issues by your company to threaten you.

Have you signed any employment offer letter having this condition?

If there was any condition then you may have to be careful because they may file a money recovery suit which can of course be challenged on merits.

Now you have to give a reply notice through your advocate denying all the allegations made in the notice.

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

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