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EMPLOYEE & EMPLOYER

Querist : Anonymous (Querist) 23 December 2010 This query is : Resolved 

Dear sir ,

if the employee of the firm resigned from his present job , after some months employer told that he/she steel some documents ( presently that was missing ) whether the employer can filing a suite ,
what was the liability ?
what was tha applicablity of that case ?

In employer case what can he do that for recovering that ?

Regards
Ram
yogesh (Expert) 23 December 2010
If the employee has taken NOC then liability is minimal however the onus is always towards the side of the employer?
Kirti Kar Tripathi (Expert) 23 December 2010
After resignation, the employer can not take any action against him with regard to his employment. However, steeling of article of any person is a criminal offence, for which he can lodge FIR or file criminal complaint. He can not file any suit as it not civil liability but is criminal offence.
s.subramanian (Expert) 24 December 2010
I agree with Mr.Kirti.
Pritam Saini, Advocate (Expert) 24 December 2010
i agree with experts
Satyendra Kumar Pandey (Expert) 24 December 2010
IF the employer give NOC to the employee then from that date employer can't put any liability on them. in your case, If you hold that document in writing then you should have the return slip. If employer file any suit then the chances of case go in his favour is less in comparison of you.

also agreed wit the view of the experts.
Querist : Anonymous (Querist) 24 December 2010


Respected sir ,

what is the use of non objection certificate (noc) , how can get that certificate ? ,
Actually that employee left 2 months before and he gave resignation letter to his employer and hand over all documents , and sent details through email to the employer ,then employer appoint another Employee ( Accountant ), later some file was misplaced or missing in employer office , that situation how can employee responsible for that ?

Help us sir ,

Regards
Ram Vignesh


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