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Indian Law/30000 due for 3 days .. Please advice me

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Question
Hi,

I joined in an IT company 4 months back. The job profile was entirely different from what they offered at the time of interview and as per the Offer letter also. So on the first day itself , I informed them I am not able to work in this profile since  it is entirely different from what they offered me. I had discussion with the resource manager and he confirmed that they have this type of profiles are available. And asked me inorder to relieve me I have to pay 3 months basic salary .So I sent them email that I canot continue in this position and I left after two days.
I didnt receive any remuneration from them.

After 1 month I got a mail from them that since I am absconding all information about me will be deleted from their database.

Now after 4 months ( 07 Nov 2012) I got a letter through courrier  saying that I have to pay dues of Rs.30000/- by before 9th July 2012 since I didnt serve the mandatory notice period of 3 months. ( Also please note the ambiguity in dates)


So Could you please advice me what to do on this .

If you need any further info please let me know.

Thanking you,

Sincerly,

Shameer

Answer
Your ex-employer had no right to ask you to do anything, which was beyond the terms of your engagement.Further, you have every right to resign as per the termination clause in the Agreement.However, if the said terms provided either prescribed period of notice or pay in lieu thereof to terminate the contract,then they can rightly ask you to pay in lieu of any shortage in the notice period.Since, you have expressed your intention to resign through e-mail, their allegation against you that you are absconding is false and baseless.Further, they have weakened their case by putting the charge of absconding against you.If you are absconding,how can they claim pay in lieu of notice, which is payable in case of pre-mature termination of contract.You can rather claim damages against them for making defamatory statement against you.So my advice is that there is no need to pay any amount to them now and let them claim it through court.Moreover, if in the terms of engagement , there was no provision to make any payment against shortage of notice period, then your case would be more strong.

In view of the above, you have nothing to worry about.However, you may consult a lawyer in case you receive any legal notice from them and till then keep absolutely quiet.

Indian Law

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Arun Kumar Maitra

Expertise

Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

Experience

I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Organizations
Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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