Legal Notice - I have joined HCL technologies Legal Notice - I have joined HCL technologies

1 year ago

Hi sir, I have joined HCL technologies. Due to some medical issues i am unable to continue my work. I ask them for reliving. But they are not relieved me. They won't relieve me until 3 months notice. They tell to take leave. After 6 months they sent me a legal notice to pay 1.5 Lakhs. already i am financially unstable we paid lot of money for father after affected by corona. Now i am unable to pay this amount. What should I do now. What happens if I not pay this amount

Abhimanyu Shandilya

Responded 1 year ago

View All Answers
A.Dear Client
You need to reply to their legal notice with all the facts and circumstances under which you had to quit the job and in the reply also include all the communications that took place between you and them regarding your leaving the job.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

View All Answers
A.Companies cannot force you to serve the full notice period. As they are refusing to relieve you (maybe because you had agreed upon the 'notice period' clause in your employment agreement), you might have to pay damages to the management. However, the management has no right to retain even after payment of the damages as per the agreement. Thereafter, you should issue a written notice to the management by communicating about further development and requesting your relieving letter.
If your employer intentionally dragging your case to issue a relieving letter, then you may consider moving it to the High Court under Article 226 read with Article 14.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

View All Answers
A.Companies cannot force you to serve the full notice period. As they are refusing to relieve you (maybe because you had agreed upon the 'notice period' clause in your employment agreement), you might have to pay damages to the management. However, the management has no right to retain even after payment of the damages as per the agreement. Thereafter, you should issue a written notice to the management by communicating about further development and requesting your relieving letter.
If your employer intentionally dragging your case to issue a relieving letter, then you may consider moving it to the High Court under Article 226 read with Article 14.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconDates overlap in EPFO
Dear Client, You need to make sure your date of birth (DOB) details are the same in the Employees’ Provident Fund (EPF) records and the Aadhaar database. If there is a mismatch then, when you make an...
question iconPf exit date
Dear Client, Since you have absconded from a workplace ie left the work without a proper notice you have breached the employer - employee contract and the employer has all right to withhold your righ...
question iconEmployer is charging for short notice fall
Dear Sir Please approach the following authority or similar authority in a state The Office Commissioner of Labour Karmika Bhavan, Dairy Circle, Bannerghatta Road, Bangalore-29. 080-29753078 labou...
question iconcompany bond breakage
Dear Sir, If you are not in need of experience certificate and relieving letter then you need not bother about their claim and bond otherwise you have to oblige to serve three years bond period.
question iconneed help on following terms to be understand
Dear Client, From the contents of the letter issued by the company accepting your resignation, it appears that the same is correctly written and there is nothing contradictory to the interest of an em...