Are there any legal ramifications of not paying the Full and Final Settlement after leaving the comp
I am new to Kaanoon.com but I am in search of some urgent help.
I was employed with a Big 4 in India and quit their Firm after 25 days (12th March 2018 to 6th April 2018). This is citing personal reasons (my wife was pregnant and had to move to my native city Pune from my employment city Kolkata).
I had mentioned in my resignation email on 4th April that I would like to be released as soon as possible. Since I was not assigned to any project thereof, they did not had issues in letting me off. I was happily let off.
However, the problem starts now. I received an email with my Full and Final Settlement saying that I owe 160000 Rs. to the firm as I have not served the full notice period of 90 days. My contract had mentioned
(i) Probationer – fifteen days
(ii) Special Officers or equivalents - one month
(iii) Associates and above - three months
They have conveniently stated on the FnF settlement notice that I was not a probationer since I joined as a Manager. My Question - How can an employee not be on probation even for a month?
While leaving -
1) There was no insistence on serving the notice period not from my manager not even HR in writing.
2) I was not assigned to any project and was convenient for them to let me off as soon as possible as serving the notice period while they assigned me onto the project would mean I join the project on notice period.
3) There was no discussion of settlement amount before I left the company.
4) Last Working day was stated by my manager himself, not me.
Now they are showing me all policies (saying about probation / serving notice period) and etc. that I have not abided by and hence I need to I don,t want to pay the notice shortfall money due to above 4 reasons.
What I would like to know -
1) Would there be any legal ramifications of this?
2) They have my address and all details example : Aadhar, PAN etc. Would that be a problem? Would a recovery agent come at my doorstep?
3) If there are any legal ramifications, what are my options?
4) If there are no legal consequences, just emails and physical mails and calls? Can I just ignore them going forward?
Over this, I am not being paid for the 6 days I worked for them in April saying that I owe 190000 Rs. and 30000 is what they owe so we have reduced that amount to 160000.
There is no experience and relieving letter issued to me till this happens, but that is fine with me as I have decided not to show this as an experience in my future employments.
Kindly can you help me on this?