I joined my organisation on 13 May 2019, and resigned on 9th July 2020 and my last working day was 13th July 2020. I resigned because my wife was pregnant and in complications was on bed rest and she lost her job, it was difficult for us to sustain in bangalore at the time, with only my salary. plus my father in my hometown was ill and underwent a surgery- i was to shift back to my hometown. I couldn’t serve the whole 1 month notice period, i served only for 5 days. At the time of my relieving - the employer emailed they will tell the full and final settlement after 45 days. It was implied i’ll have to pay for the rest 25 days of notice period which i couldn’t serve- i was okay with it. I was management trainee at the time- my contract stated that after 1 year i will be permanent but the employer didn’t do that. They actually were very rude and derogatory at the time of my relieving even after knowing my situation. They were not letting me go and asking me to serve 3 months of notice period as i was a permanent employee but that wasn’t the case as they didn’t promoted me to permanent employee as my contract stated and never did the paper work for the same - on salary slips and documents as well i was still a management trainee so i had to serve only 1 month notice period. and now today i get a mail of full and final settlement of 1,42,000/- My salary was 36,000/- per month. They are asking for relocation money back. When i joined them, my wife and i was living in Delhi, they paid 50,000/- for relocation. There was no relocation document or contract. There were only a few emails which contained the bill from my packers and movers of 50,000 plus GST and there was nothing else. Also they are asking for laptop money back which got stolen from my house - during i was working there - at the time they were fine with it and gave me another laptop to work on. I provided them with FIR copy of the stolen laptop on the same day of the theft took place. They are asking for 25,000/- for laptop plus GST @18% amounting to around 18,000/- I don’t know what’s the legality of things they are asking from me, but in these critical times, when my wife is pregnant and we are trying to kick ourselves back up - i surely can not afford to pay them this much! Can they ask me back the relocation money? Even when there was no contract signed, or no mention of repaying it any where. They never implied they will ask for laptop’s or relocation’s money back ever. Now they just mailed me a big bill to settle. What should i do?
1. Now the respective rights and liabilities of the parties depend on the contract made between the two.
2. Therefore if there is no stipulation on compensating them with the costs which they borne initially you are not bound to provide the same to them.
3. However on termination of job you are obliged to return all those articles which were delivered by the employer in connection with your job.
Refuse to pay Rs 1,42000
2) you are not liable for 3 months salary as claimed
3) you are not liable to pay laptop money as it was stolen and FIR lodged
4) there is no provision in your contract to pay relocation money
1. Send a legal notice to the management for demanding money for the lost laptop, when you have provided the management a copy of F.I.R, as also for asking refund of the relocation money.
2. There's enough justification from your end like F.I.R. copy, packers and movers bill, email replies from your side to management. In addition to this, these things are raised by the management when your father underwent surgery and had to be hospitalised and your wife is also carrying.
- Since there was no contract signed , then they cannot ask for relocation money .
- if 3 months notice period was agreed at the time of joining the said company , then as due to your critical problem , you could not served the complete notice period , then you should inform the management for the same of that company.
- Further , if there is already FIR , and not complaint , then you can inform for the same also, but a complaint is not having any value for such type of acts , otherwise you are bond to pay the cost of the laptop legally.
- Send a legal notice to the company for the same.
Please reply and deny their claims out rightly. You may counter claim for lack of basic facilities from the Company.
On certain things you cannot stick to rules or law very strictly.
If you have not been issued with the appointment letter confirming your permanent status, you can fight on it.
Have they given you notice in writing, then you give a reply denying the allegations leveled in the legal notice.
You can consult a service law practicing lawyer and proceed as suggested by the lawyer.
They can't legally ask the relocation money. If they still seek contest the same on merits against them
Dear Sir,
As you have left the company, you are required not to get afraid and reply the mail strongly that the amount asked by the company is highly inflated and you are not actually liable to pay for that. You also write them that due to such emails, you are highly agonised, aggrieved and you deserve the compensation due to the barbarious mail of the company. They should seek sorry and pay you the compensation back.
Dear Client,
You may give a legal Notice which will cost you Rs. 1000 for full and final statement. You they dont pay you even after getting legal notice, you file a Suit for Recovery fro the same amount.
They are simply harassing you so you should file a complaint with the labour department for recovery of the money due.
Serve them with a legal notice and than file a specific performance suit against them.
You stay calm without giving any response. They cannot claim relocation amount as there is no document reflecting the same. Further corporate always afraid of going to the Court for recovery.
send a legal notice is a last resort so first write a letter to ur concerned deptt and all the higher authority because being a lawyer I know the hurdle of the court.u may get decision in ur favour but it take ur lot of time.so my advice to you is try to settle the issue.
1. No they cannot ask for relocation money if there was no clause regarding payment of relocation charges.
2. Refuse to fulfill their demands on ground that when you resigned you were not a permanent employee as per documents so not liable to serve three month notice period and you are ready to pay for 25 days shortfall in notice period.
3. For laptop you need to negotiate with them because it was stolen from your home and not from office.
