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Company threatening to take legal actions if i dont pay them

Page no : 2

DOLLY   18 January 2017

trainee(PGET) and salary. however no duties are mentioned. also they have deducted a certain amount of money for pf. but i am not able to access the account as they have not provided the uan no.

Kumar Doab (FIN)     18 January 2017

--------------Deleted due to error-------------

Kumar Doab (FIN)     18 January 2017

From your last post it can be made out that; You are employee.

Write to them demanding PF number, UAN number,PF a/c slips of each year...................salary slips of each month.

 

 

Kumar Doab (FIN)     18 January 2017

 

You may go thru:

The Punjab Shops and Commercial Establishments Act, 1958

2(vi,xvi),3,5,14,23

https://hrylabour.gov.in/

https://hrylabour.gov.in/content/labour_laws

https://hrylabour.gov.in/staticdocs/labourActpdfdocs/The_Punjab_Shops_and_Commercial_Establishments_Act_and_Rules.pdf

 

If employee is covered by the def. of ‘Workman’ and Model Standing Orders apply and you are under probation period; Notice Period should be NIL.

If standing orders are certified and employee designation is covered by certified standing orders then notice period as in certified standing orders may be checked.

 

If standing orders are not applicable to establishment and employed person and person is covered by def. of ‘Employee’ as in  Shops and Establishments Act and establishment is covered by his Act, then notice period as in the Act may be looked into.

The notice period/service conditions as in the Act, standing orders shall prevail upon appointment letter.

 

All of these are available on website of dept. of labor.

So employee should relate.

You need to submit befitting reply to the  FnF statement and demand of payment sent to you.

You need to clarify that NO Training was provided as posted by you.

You may preferably consult a very able counsel and build irrefutable written record.  

If you are confident that you can act as party in Person and handle with your own skills, you may go ahead.

You may obtain support of unions.

Get separated with proper reliving and defend your interest in future as well.

 

Another perspective;  Pay huge amount paid by company, obtain proper relieving documents (with good comments on conduct and performance)  and agitate later in court (preferably within 3years)  and get your monies back, thru court (on merits).

However for this also you may build proper and irrefutable written record.

 

 

 

 

 

DOLLY   02 February 2017

it has been around 14 days that i had asked the company to send the copy of bond but they have not sent any reply to it.

 should i start looking other job offers? kindly suggest me something

Kumar Doab (FIN)     02 February 2017

The employee has severed the employer-employee relationship the moment employee has resigned.

Rests are employer’s, employee’s contentions, facts, and force of law.

You may approach a very able counsel specializing in Labor/Service matters at your location with copies of all docs on record and discuss in person.

Based on employment related docs, communications, etc your counsel may opine to build some more evidence in your favor and draft your final representations.

If employer issues any notice, show it your counsel for a fitting reply. 


(Guest)

Ms. Dolly,

Is not is like, khoda pahad nikli chuhia out of 13 long posts of Mr. Kumar Doab even after a lot of question answers to extract information from the querist!

By the way, what solution could you derive from such a lengthy posts of Mr. Kumar Doab, who ultimately wished you to consult some lawyer, as he stated, "You may approach a very able counsel specializing in Labor/Service matters at your location with copies of all docs on record and discuss in person."

So, you would be quite justified, if you ask him, what actually he is, who is appearing with his fake identity, without photo and his location, and after asking holding a very long viva voce could only suggest you finally to approach a lawyer?

Now you will see, his session to abuse me would start, as I have poined out about his distracting and misleading advice.

 


 

DOLLY   06 February 2017

what would you advise me then ?

 

Ritesh Maity (Labour Law Advocate)     06 February 2017

Originally posted by : DOLLY
i joined an MNC related to mechanical engg. field in june 2016. at that time the company asked me to sign a bond for 2 years but if i leave i have to pay 6 lakhs to them.in september, i got ill because of the unhygienic food served in the office. i had to take leave for 3 weeks. after joining back the officers started to behave rudely, did not give me work and wanted me to just sit ideal in the office for 9 hours. in early November i asked my managers to change my seat as ac duct was directly above my seat. I had reccurring fever with inflammation of joints.for whole of the november i asked them to change the seat but they did not do it. in late november my condition got worsened. so i quit..after that they wanted me to serve the notice period.they keep calling me to the office. now they have sent me a letter through courier stating the full and final statement letter in which it is written that i have to give a sum of 4.5 lakhs to the company through demand draft.
what should I do as my health is still not in good condition.i did submit my medical records but they think they are forged documents. at several times they have misrepresented themselves. they even did not give me the copy of the bond. what should i do

Broadly speaking bonds are illegal. Through bonds/ agreements company can recover the actual amount they have spent on you for imparting any special training. If the company has given you any special training worth Rs.6 lacs, then only they can recover such amount through court. 

Since you have stated so much of allegations against the company like unhygenic food, sitting under AC etc. have you ever lodged those complaint in writing? Have you mentioned those grounds while putting your resignation? If you have medical records which clearly states that you are not in a condition to work now, please submit them with proper acknowledge. 

But to the letter you have received from the company, it is advisable to send a proper reply through registered post immediately denying the allegations, if any, and also denying your responsibility to pay the amount challenging such bond. If required, take a help of professional/ lawyer to draft the letter for you.

DOLLY   07 February 2017

 have already done what you have just told me to do. shall I start looking jobs? will it be appropriate now to give interviews ?

Ritesh Maity (Labour Law Advocate)     07 February 2017

Your interest for new jobs and subsequent interviews have no bearing with your current legal complexities with your employer (former). 

 

 

DOLLY   08 February 2017

thanks sir....

Kumar Doab (FIN)     09 February 2017

The employee has severed the employer-employee relationship the moment employee has resigned.

You are NO more and employee and can get employed with any employer of your choice.

Keep copies of employment application, offer letter, apointment leter, salary slips etc etc safely with you.

 

 

Kumar Doab (FIN)     09 February 2017

Could you derive any meaning of post of :

 

 

P. S. DHINGRA: sssfi2016@gmail Email at: sssfi2016@gmail.com 
https://www.lawyersclubindia.com/profile.asp?member_id=60926



( Poora Soora Dooba, Poora Soor Dooba, Parvez Sharif Dhingra, Phafij Sayed Dhingra or whatever else..............)


Who is a habitual offender, abuser, poser, pretender, ...............stalking, loitering, at LCI for almost 10 years years....................whose ID was blocked and is now loitering with new ID mentioned above.............



You may go thru threads placed by LCI under his profile.

Kumar Doab (FIN)     09 February 2017

"khoda pahad nikli chuhia"

is the phrase used for this:

P. S. DHINGRA: sssfi2016@gmail Email at: sssfi2016@gmail.com  https://www.lawyersclubindia.com/profile.asp?member_id=60926 ( Poora Soora Dooba, Poora Soor Dooba, Parvez Sharif Dhingra, Phafij Sayed Dhingra or whatever else..............)

who pose him as soem "jackaal of All Trades" type at LCI.

 

who has been asking the unsuspecting querist to send emails/atachments  to him so as to extarct his FEE and getting in turn:"khoda pahad nikli chuhia".

He may at the most do some spelling check.

 

 


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