Legal Question in Employment Law in India

Dear Sir

I am Santosh Kumar, employee of Coal India ltd as a Management trainee (Mining) from 20 February 2013. Previously, I was working as an assistant Manager (Mining) in private sector. Company was giving to me RS 28500 quarterly incentive amount on the basis of some rule and regulation. At the time of joining or before, I have not seen rule and regulation by the company. After 1.5 year, company has shown to me rule regarding incentive amount. According to rule, if I will leave the job then I will refund all entire amount (rule has not mention that period of return amount). After closing of one mine due to forest clearance problem, company has shifted to me in another mine. Again, second mines closed due to lease period over. After the closing of second mines, company has taken permission by threatening of duty and present month salary by signature on blank paper from all employees that salary can be reduced 30 %. After some time (In November 2012), company has informed on notice board for deduction of 30% of employees salaries as a support and solidarity to the management in view of temporary closure/stoppage of mines. Again after some days, incentive amount kept abeyance. Due to this type of puzzle situation, I have chose government sector and I have given resignation in 9 February 2013 from private sector. I have not availed three month notice period. Now company is demanding three month notice pay, all entire incentive amounts and some amount of advance which is given as bonus in session 2010-11 and I have already paid tax on advance Bonus amount and incentive amount). Company lawyer is giving to me threading for legal action. But I am asking by mail for details amount then he is denied and said you should settled at office. Company is not relieving to me and he has held my Provident fund amount.

So please suggest to me that what I should do.

Hoping response will be soon

Thanks

Santosh Kumar

MT(Mining)

Coal India Ltd

08809346269

[email protected]


Asked on 3/22/13, 7:06 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.03.2013

Dear Santosh Kumar,

(Bhadrak, Orissa)

You may have to rely on the terms and conditions specified in your appointment letter issued to you by your previous Company. If the notice period specified in your appointment letter is three months from the date of resignation, you ought to have served that notice period or paid the Company the notice pay.

Other than the notice pay if you have not served the notice period, you are not liable to pay any other dues to the Company and you should write to the Company accordingly with a request to waive the notice pay or recover the same from your PF dues and transfer the balance to your new Company.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/23/13, 6:37 am


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