Legal Question in Employment Law in India

Hi,

I joined company X on 18th May and resigned on 25th May due to family reasons. As per offer letter I am required to serve 3 months of notice. I stopped going to office from 25th May onwards. Today I received below letter from company.

"It has been observed that you are absenting from work unauthorizedly i.e. without prior permission or intimation since May 25, 2015 . Further, you are also not responsive to the repeated attempts we have made to reach you to understand your absenteeism.

We would like to inform you that as per our records you have applied for resignation on May 25, 2015 . Hence as per company policy you are required to serve the notice period of 90 days or make payment in lieu of the same.

You are therefore directed to report back to office within 10 calendar days to serve your notice period or to complete the exit formalities which includes payment of shortfall of notice period. You will also need to furnish a written explanation regarding absenteeism. However, it may be noted that in case your explanation for the unauthorized absence is not found to be justified and if you do not report back and complete the exit formalities, it will be presumed that you have nothing to say in this matter and that you have voluntarily abandoned the services of the Company."

Kindly help Neither O can serve notice nor I can pay huge amount just for joining 7 days to that company. Also there was no work given nor any system computer allocated to me. Kindly suggest way out of this


Asked on 6/11/15, 1:11 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

12,06.2015

Dear Sir / Madam,

You should reply to the notice you have received from the Company mentioning the following facts :

01. It is a normal practice followed by every Company that during the period of probation, only 7 days notice period or a maximum of 15 days notice period is applicable either side, The full notice period of 3 months would have been applicable if your services were confirmed in the Company, Since you are on probation, only 7 days notice period is applicable to you.

02. Mention that you were not given any work to do nor given a computer during the entire 7 days and just kept idle, which made you lose interest to work in the Company.

03.. If you are in possession of any Company documents or property, you should return it back to the Company and mention in your letter that they are being returned back to the Company, else state in your letter that you are not in possession of any Company documents or property,

Regards,

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Answered on 6/12/15, 3:40 am


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