Robin 17 July 2015

Employer threatening to put legal issue for absconding

Hi,

I joined a coaching classes as a teacher in the month of february and i worked there for one month and took salary also later on i took a break from there due to my exams and later i had some medical problems so i took an indefinite leave now the thing is that i didnt inform my employer that i was on leave and suddenly that person saw me one day and he said that he will file a lawsuite against me for cheating which i dont understand i actually signed a clause on a normal white paper where it had this condition that if i leave the company i have to serve the notice period and if not i have to pay for the damages for not serving it. Now that person is threatening me with this clause. What should i do? I am a student and i really dont have time to serve any notice period and also dont have money to pay any damage as my salary was negligible. i tried for a out of court settlement but they are adamant on there terms. Now this is just a small coaching class. I am afraid it will affect my career as i have plan to go abroad too for work and studies. Can someone help me out on this asap..?

Reply Follow

2 Replies

Kumar Doab (FIN) 17 July 2015

>>> It is grossly wrong on your part:

---To take indefinite break/leave...................without any information.

---Having accepted the job at a negligible salary.

---Siging on plain paper without keeping a copy.

Thus subjecting not only you but your family that is associated with you to such undue harassment that could have been avoided.

---Such establishments are covered by (Name of the State) Shops and Commercial Establishments Act, and you might be covered by the def. of 'Workman' as in the Act.

For 30days employment notice period as in the Act is NIL.

You can claim salary for any no. of days after the month you have worked.......................and approach Inspector appointed under the Act and also Payment of Wages Act. Local Labor Inspector appointed in o/o Labor Commissioner may also be officiating as Inspector under both the Acts.

You can aproach employee's/trade unions e.g. CITU/INTUC/AITUC/BMS.

The union leaders now precise ways to handle such matters..........................Or you may approach your lawyer.

(Guest)

Dont worry your maximum liability is one month's salary as you mentioned. So you can pay up to be án honest law abiding citizen.Such writings on plain paper have no legal value. Even the formal job agreements are invalid as these are always one sided. So enjoy.