Legal Question in Employment Law in India

Former employer claiming for the compensation.

Below are few important points from the notice that I have received

1. You have worked for my client for period XX-XX-XXXX to XX-XX-XXXX. On XX-XX-XXXX you have given notice of termination to my client. The notice preriod for termination is a XX days. At that time you were working on XXXX for Mr.XXXX who is customer of my client.

2. In that said notice period, my client received many complaint regarding the quality of work on your side from its customer. My client had repreatedly instucted you to do your work properly but you were negligent toward your work and responsiblites. Becuase of which my client had to repeatedly give explanation to its customor. At one stage my client was going to lose its customer forever but only due to many request made by Managing Direcotor of my client i.e Mr .XXX, the said customer shows his readiness and willingness to continue its business relationship with my client. In order so my client has to give compensation to the customer in the form of discount and other monetary compensation which caused financial loss to my client. In your notice preriod of XX days you have spent XXX hourse in xxxx which is equal to the XX working days which is calculated through my client's internal time recording tool XXXXXXX

3. After your notice is over my client was going to settle your full and final account. During the said notice period my client got knowledge from the correspondence it received from you, about the fact that you are working for another company "Freelancing" during your employment with my client. The said company also paid you for the said work done by you when you were employee of my client. Thus you have violated the terms and conditions of your "Terms of Employment" agreement. Due to your this act my client suffer financial loss and mental stress

4. After relieving you from service, my client understand that as you were engaged in working for other company, you were not working properly and very negligent your duties and responsibilities during your employment period with my client. Due to which my client has suffered financial loss and mental stress as explained above. My client demands mandatory compensation of Rs XXXXX/- for the mental stress and financial loss he suffers

5. With a view to given one more opportunity to you, my client hereby calls upon you to give ab apology letter within 15 days

from the receipt of this notice failing which my client will be contsrained to take legal action against you in the appropriate Court of Law, inccluding Criminal Court and in that condition you are also liable to pay Rs XXXXX as compensation for the mental stress and fincacial loss it suffer. You are also liable to pay intrest XX% per anum if you fail to pay the compensation within 15 days of receipt of this notice on the said amount. You are also liable to pay RS XXX as charges of this notice to my client

Few more point

1. I was not aware of the contract that I had signed.

2. I have worked for that company about 1.5 years.

3. Accounting department had asked me for my side income to calculate TDS and settle my account and new they are using it against me.

4. Since I was working on XXXX for Mr. XXX for quite long, I have client's personal email id and I have contacted him regarding this all matter and he/she said they were very happy with my work.


Asked on 1/30/16, 2:45 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

30.01.2016

Dear Sir / Madam,

Here are the point wise replies to the legal notice that you have received :

1. Noted and accepted (if dates mentioned are correct).

2. Rejected being false and baseless. No such Internal Correspondence Memo's (ICM's) regarding laxity in my work, possibility of loss of client work, and compensation to the customer in the form of discount as a result of my lack of performance were issued to me by the Company during my service tenure. (if memos about not working properly have not been issued to you by the Company). And if the Company was not happy with my performance, they were free to terminate my services anytime. A mail evidencing my good performance at the client's place is also enclosed. If money has been already been received by the Company from the client for your work undertaken at the client's place, specify so.

3. Rejected being false and baseless. If the terms and conditions of your Appointment Letter do not make a specific mention of any terms and conditions prohibiting you from working elsewhere after office hours, say so. Specifically state that the work undertaken by you after office hours was in no way connected with your work in the Company, and it in no way hampered your performance on the job in the Company,

4. Rejected being false and baseless. Since I have served the full notice period, the Company remains liable to pay and settle my full and final dues with interest thereon. Further, I reserve the right to claim damages from the Company for tarnishing my image and reputation claiming reimbursement of all legal advisory costs I incur to defend myself.

5. Since I have done no wrong in the Company, the question of me rendering an apology to the Company does not arise.

Regards,

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Answered on 1/30/16, 3:46 am


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