• Termination letter and asking for payment

Hi, I had to quit Wipro to pursue my higher studies and I was given the option by HR to take a sabbatical leave instead of resigning. I took the offer given that I was convinced that I would have a job after my education was completed or chose to resign. The HR had not told me about I had to present myself in the company physically for 3 months after the sabbatical leave. When I requested to resign after I got a new job offer, I was told that I will be relieved only after I spend 3 months in the office which was not physically possible given that I was studying abroad and I had no access to amend the requirements. I now received a legal notice to pay 99090 with 12% interest per annum or will go to court proceedings. Kindly advise on the best course of action.
Asked 3 years ago in Labour

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8 Answers

What was the content of the contract which you signed. Did it mention all this or not?

If it didn't then they cannot force these conditions upon you.

In case it did mention it then too youbmay negotiate with them.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. 

- Except, recovery of the said amount, company cannot harm you for the same

- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.

- Hence, you can check the offer letter of Wipro for the notice period , if it is three months then you will have to pay the same in case you don't want to serve the notice period only,

- Further, you can reply the sent legal notice and refuse for the same. 

 

You can contact me , if further suggestion needed . 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Ask company to give details as to how Rs 99090 is being claimed 

 

in other words break up of amount claimed 

 

amicable settlement is best option 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

If the company is quoting the relevant rules in this regard, you may demand the company to produce the evidence for your acceptance of the company's offer in your reply notice while denying all other allegations leveled by the company in their legal notice.

You may first ascertain the background facts and then discuss with a lawyer about this in detail for initiating  all such further actions. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Kindly check your employment agreement and according to it's terms and conditions you can perform.

 

Plus if you have not signed any bond with company and taken any training. 

 

At the time of resign you were handling any projects etc need to check all this and then reply to legal notice.

 

 

 

 

 

 

 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

If you are onsite you should be connected in remote. In view of the pandemic there should be strong reason for physical presence.

Reply to the notice denying their claim.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Dear Sir/Madam,

1. This is a clear case of injustice against you. Since you were not aware of the serving of 3 months after sabbatical leave, (similar to a notice period after resignation), you must not be held liable for the same.

2. Although in some case, if it is expressly mentioned in the contract that you are supposed to present yourself in the company physically for 3 months after sabbatical leave and you have signed such an agreement/contract, then you must serve such a period.

3. The best option for you now is to go forward and read the provisions of the employment agreement to see what legal action can you best take.

Thank you 

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

1. The standard term/rule for resigning is that you shall have to give 1 to 3 months notice as per the employment terms mentioned in the appointment letter/service conduct rules or pay the basis salary in lieu of the said notice period.

 

2. If your employment terms stipulates i or 3 months notice for tendering resignation, you shall hve to pay the basic pay to the Company in lieu thereof.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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