Dear Sir, I joined an Educational Institution in March 2021. I tender my resignation on 5th Jan 2023. They have not provided me any offer letter or Joining letter. They have provided a photocopy of an appointment letter, I have not made any signature in Appointment Letter. I have served 2 months notice period even if not getting the offer. As per the copy of the appointment letter, the salary mentioned is 77000/- per month during probation period and notice period of 1 month. I have mentioned to consider 18th March to be my last working day and pay my full and final settlement. But I received a show cause notice that I have not been on duty from 20th to 22nd March and I have misbehaved with my colleagues, and was told to respond. I have responded the following : Dear Sir, I am surprised and shocked to see such mail. First, I have never misbehaved with any of my colleagues at Zenith. Second, if there were many complaints, why was it not raised earlier, neither written nor verbal. I have treated everyone like family. Third, I tried informing you about not coming to college, but none of you gave me an appointment or took my calls. I tried to discuss with the director even while he was leaving in the parking area but was denied to discuss. Fourth, I resigned on 5th January 2023 with a 2-month notice period, which was received by the coordinator. Fifth, I could also have raised many concerns many times for non payment of salary at the right time. Bank statements can act as proof. But I did not, because I work for the organization and understand the situation. Sixth, I have not received a salary for the month of February yet. Seventh, I have not even received a formal offer letter till date, even after many requests earlier. Please consider 18th March 2023 was my last working day and process my full and final salary accordingly. Please let me know if they take any action what I will do?
Your letter is clear about what you wanted to convey to the authorities concerned.
This is more than a justified explanation even without being called for.
However, if they still go ahead with their own course of legal action, you can resort to legal action from your side by first issuing a legal notice well drafted and signed by an experienced lawyer either from this forum or outside and then you can plan about further legal course of action, i needed.
Sir, In there appointment letter, the salary mentioned was 77000/- but they were paying me 20000/- per month. Can I take legal action?
Your employer has not given you any appointment letter .
you have served the notice period .
you need not worry .if company fails to pay you salary issue company legal notice to pay your salary dues
Hello,
As you have rightly pointed out in your reply to the management various shortcomings in their part. If the management takes any action counter it with a legal notice and also bring this matter to the jurisdictional Education Officer/ Labour Officer. If the salary mentioned was Rs. 70000/- and your paid only Rs. 20000/- then you can take legal action for that also, if you can produce written/recorded evidence such as Bank entries etc.
You had remained silent all these years about the discrepancy in your salary payment, you are trying to make it as an issue at the time of resignation.
Therefore the court will question you about the maintainability of your claim at this belated stage and may even brand it as an after thought.
Now you are looking for a different relief, hence it would be better that you don't get deviated from your primary relief.
- 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, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Since, you have already worked for two months notice period , then the company cannot deny to refund the salary of February, and to issue Reliving letter.
- You can send a legal notice to the company for the same.
Yes you need to first Send a legal notice in all these aspects to the company and then counter all these allegations and illegalities
If the salary mentioned in the appointment letter was 77000/- per month and the employer paid you only 20000/- per month, then there may be a breach of contract on the part of the employer. You may have a legal claim for the unpaid salary amount. However, you will need to provide evidence to support your claim, such as the appointment letter and bank statements showing the actual salary paid.
Regarding the show cause notice, if you have responded to it in writing, then the onus is on the employer to prove the allegations against you. If they take any action against you, such as terminating your employment or withholding your salary, you may have legal recourse to challenge their actions. It would be advisable to seek legal advice from a lawyer with experience in employment law to assess your options and help you take appropriate action.
You can take legal proceedings if organisation was paying you only 20 k against your salary of Rs 77k