Arbitration court action
Querist :
Anonymous
(Querist) 16 September 2015
This query is : Resolved
I signed a contract with a company that if I leave company before 18 month of service . I shall be liable to serve 3 month notice period or 3 month salary in lieu . I joined the company as accounts manager .After completion of 1 month I comes to know that company involve in financial irregularities and does not maintain books of accounts nor take care of any statutory dues like service tax, tds . I convey this fact to management but management don't take any action in this regard. Finally I leave the company without serving notice period . Now company file a suit of arbitration for recovery of 3 month salary .
What's remedies available for me ..
Please help
Querist :
Anonymous
(Querist) 16 September 2015
My name :- Ankit
Kumar Doab
(Expert) 17 September 2015
@ Ankit,
Hope you shall take it positively!
>>> Did you consult elders of the family, competent and experienced well wishers, Employee’s Unions/Trade Unions leaders, an able Labor Law Consultant/Service Matters Lawyer/Law firm before:
--- signing such clauses/agreement that are detrimental to your interest and prove to be damaging.
--- approaching the management.
---leaving the company without serving the notice period?
>>> Do you have the copy of the agreement? The agreement was signed in lieu of what extra ordinary favor by the company to you? Or it was just that company provided employment to you and you were asked to feel obliged and sign such agreement/bond?
Do you have the evidence of the accusations you have made? Are you in any case involved in any violation or have signed any paper that can be produced to show your involvement? Can you defend yourself in such case?
Did you convey to the management in writing, under proper acknowledgment and with a copy to you? There are ways to perform such acts!
Have you submitted resignation under proper acknowledgment and with a copy to you? Did you mention the reason for leaving without notice in resignation? Do you have the proof of dispatch/delivery?
Have you received the salary slip and salary for the month you have worked on the due date of payment of salary?
>>> It is as simple as that:
---If the company/employer is involved in violations/illegalities then it is unworthy of being employed with! In such case any service agreement/Bond should not be any binding on employee.
---Notice period/pay is part of various enactments that are applicable to the establishment/employer/employee………………………and if the employer/employee are covered by such enactments then such enactment shall prevail upon any private agreement that employer has drafted and signed with employee e.g appointment letter/contract of employment/service agreement etc………………..
You may spend quality time with an able Labor Law Consultant/Service Matters Lawyer/Law firm, Employee’s Unions/Trade Unions leaders and proceed further under their expert guidance.
Rajendra K Goyal
(Expert) 17 September 2015
Have you proof of conveying irregularities to the management?
Like a good citizen inform the tax evading instances to the knowledge of the government, if exist.
Oppose the move of the management for recovery of the notice pay. Show all documents to your lawyer.
Querist :
Anonymous
(Querist) 19 September 2015
Respected Kumar & Rajender Goyal sir , thanks for your time and consideration.
I have already convey to the management via email about irregularities to the management . No evidence in physical form lying with me . But I can proof if I got books of account.
No extra ordinary favour by company, although I was in probation period .
I have receive salary of one month although I worked for the company 45 days .
I submit my resignation through email . That's by I have acknowledgement .
