Charges against fema
K.K.Ganguly
(Querist) 08 May 2012
This query is : Resolved
Would the Ld. Members kindly opine on the following?
1) A bright & idealistic ex-student of Ramkrishna Mission, Narendrapur & silver medalist of IIT, Mumbai was appointed with an IT Firm at Kolkata with a very high salary.
2) He was sent to USA 5 times in the year 2008 on business visa though the job assigned to him at USA was to write codes.
3) He was told to open a Bank account at USA & was forced not to close the said account when he finally returned to Kolkata.
4) Pressure was put on him not to close his said Bank Account from Kolkata & there was some efforts from his employer to deposit a cut (2%) from their billings to overseas customers.
5) After finding the ill efforts of his employer the said employee closed the account by making telephone & by sending email to his Bank at USA.
6) The said employee was terminated on some flimsy ground (for informing his office that he will be on leave as was allowed to him earlier against his earlier leave application) without any explanation call or show cause & his release certificate (which is a must in software industries for getting fresh jobs) was never issued purposely to settle score as a result of which the employee is still unemployed for last 4 years & his career is ruined for good. His pending dues were also not paid to him.
7) The employee now wants to file money suit claiming damages created to his future earnings.
My question is
a) Apart from filing recovery/money suit what are the other remedies the employee can ask for? Under what sections please?
b) If the employee brings the incidence of the employers forcing him not to close his USA Bank account while returning from USA for their unlawful gain to lime light will it back fire & attract charges under FEMA on the employee?
c) Can any criminal charges be brought against the employer? What will be the sections?
Suhail A.Siddiqui
(Expert) 08 May 2012
Can employee prove undue influenced cohesion and threat the there is no problem to file complain under criminal act.
You may file civil suit for dismissal from service without giving opportunity,release latter and compensation for no service harassment and mantel agony.
Shonee Kapoor
(Expert) 09 May 2012
File for suit of recovery of your dues from the company.
No criminal charges are made out. You had an option of not bowing down to the wishes of the company.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
K.K.Ganguly
(Querist) 09 May 2012
1) My query was if the employee files suit citing the incidence of forcing him to open & keep it opened bank account in USA even after leaving USA, can he be charged under FEMA?
2) The employee has been illegally terminated 3 years 10 months before. Has he crossed limitation period for filing suit against the said illegal termination?
M V Gupta
(Expert) 10 May 2012
Q1. As per the clarifications given by the RBI in their answers to FAQs, keeping the foreign bank account even after returning to India is not objectionable.
Q2. Strictly speaking any challenge to the termination should be filed within a reasonable time. But, the employee may challenge the validity of his termination from service belatedly provided he furnished plausible reasons for the delay. In such a case he may not be entitled to back wages.
