I left my last company due to work pressure, bad culture .i was pregnant those time and they were forcing to work badly. I requested HR to release they told ok they can release in 2 days but I have to put resignation on portal but once I have done that they start asking me to work for 3 months and lots of mental pressure and harrasment i faced during my pregnancy, i sent them my my medical proofs also at last we were ready to payout and all but they didn't agreed. We have submitted all our laptop and asset on 27oct And after that we didn't worked there Now they sent absconding mail and set exit date as 21 nov in pf portal which is wrong and we didn't got salary for Nov but they marked my wrong exit date. We havnt got any salary neither we worked or filled time sheet But in pf passbook they marked 0rs for nov and closed it We want to change exit date to 27 oct as after that we havnt worked there. Now they are sending legal notice and money after all these harassment, wrong exit date etc. What should I do.
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It is apparent that they are harassing you as you didn't want to work there. You should send a legal notice to the HR department stating the facts and alleging harassment at workplace.
In fact there is a law for women against harassment at workplace. That should help you.
Engage a lawyer and reply to legal notice
2) deny that you have absconded from service
3) that you had resigned from company due to health issues during your pregnancy
4) not liable to pay any amount to company
Hi
1. Reply to the Legal Notice stating the facts of the ordeal you had to go through, demand arrears salary and other benefits and a proper relieving /experience letter.
2. In case the company proceeds against you in Court defend it.
I left my last company due to work pressure, bad culture .i was pregnant those time and they were forcing to work badly. I requested HR to release they told ok they can release in 2 days but I have to put resignation on portal but once I have done that they start asking me to work for 3 months and lots of mental pressure and harrasment i faced during my pregnancy, i sent them my my medical proofs also at last we were ready to payout and all but they didn't agreed. We have submitted all our laptop and asset on 27oct And after that we didn't worked there Now they sent absconding mail and set exit date as 21 nov in pf portal which is wrong and we didn't got salary for Nov but they marked my wrong exit date. We haven't got any salary neither we worked or filled time sheet.But in pf passbook they marked 0rs for nov and closed it. We want to change exit date to 27 oct as after that we haven't worked there. Now they are sending legal notice and money after all these harassment, wrong exit date etc. Below are my followup questions: 1)What should I do? 2) they marked wrong exit date in PF portal without giving any salary or PF contribution for Nov 2022 month which caused service overlap for me? What to do and will my whole PF amount will be gone now or for only that period it will be stucked. 3)will this impact my future career? 4)I have written proof for all mail communication where I sent my medical proofs and all. So please help me to change exit date in PF portal plus amount recovery which they asked for not serving notice period, as in my employment contract it was written to pay basic of notic period. So what should we do if I don't want to pay amount.
if you are declared absconder it would affect your future career
2) approach company to resolve issue in an amicable manner
3) pay salary in lieu of notice period . request company to remove your name from absconder list and change your exit date
You are required to comply with employment agreement and to undergo notice period. You can sent notice to HR offering payment of compensation in lieu of notice period if such relevant clause exist in employment or service agreement otherwise you have to undergo notice period. In the given circumstances you could not be able to join new company without clearance of previous company, secondly if new company will check your credentials then obviously previous company report would be negative impacting your future prospects. Your written proof will be read only in consonance with your service agreement or rule.
- 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.
- If the notice period is mentioned in the offer letter for 3 months , then you will have to serve the notice period , otherwise you are bound to pay the same.
- Further ,as at the time of left the company , as you have already informed with reason , then the company cannot take any legal action against you
- You can send the reply of this legal notice and ask for the refund of your salary and to update the PF portal .
- Further you can ask for compensation from the said company for the harassment and mental agony given by them specially when you was pregnant.
You can reply to their legal notice and contest the false allegations filed
On receipt of notice it becomes your duty to issue a reply notice denying the allegations leveled in their notice.
In your reply you can state that your last working date as mentioned in yor resignation letter was so and so and not the one what they have wrongly mentioned , besides you stopped working after tendering resignation hence you cannot be treated to have deserted the company.
You consult a local or a lawyer of your choice elsewhere and issue a proper reply notice so that you are not being tortured thereafter.
1. You issue a reply notice through your lawyer denying al the allegations made in their notice against you.
2. You mention about this lapse on their side and demand them to rectify the same or else to face legal action through labor court.
3. It should not.
4. You were advised to consult a lawyer and take further action as suggested,
Dear Client,
if an employee quits their job before the end of their notice period, their employer can only recover the notice pay. The employer cannot force the employee to serve the entire notice period.
The decision to resign is up to the employee, and the employer cannot sue for breach of contract if the employee leaves without serving the required notice. The employer cannot harm the employee in any way, except by recovering the notice pay.
An employer cannot refuse to return an employee's original certificates or to issue a relieving letter. If they do, their actions are illegal, unjustified, and against the employee's fundamental rights.
An employment bond with a negative covenant is valid and legally enforceable if both parties agree to it freely, without any force, coercion, undue influence, misrepresentation, or mistake. However, it is not enforceable if it is one-sided, unconscionable, or unreasonable.
If the notice period is mentioned in your offer letter as three months, you are required to serve it. If you do not, you will have to pay the equivalent amount.
However, if you already informed your employer of your resignation with a valid reason, they cannot take any legal action against you.
You can send a reply to the legal notice and ask for the refund of your salary, the updating of your PF portal, and compensation for the harassment and mental agony you suffered, especially while you were pregnant.
