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pandit (no)     02 May 2014

Company not retern my security money

Hi...Friends

i am ratan pandit and i was join a  IT company in jan.2013 with 10000 as security money  (Refund after 1 year) and 1 year contract/bond. my company said me false about the amount of salary and working hours.after 3 month of training company paid me less amount as they said . company paid my first salary of april on 20 may and then they not paid for may and june regular two months so i left the company and break the contract and ask him for security and two months salary  then my hr terminated me in july  they are not refunding  my security money. how can i get my security money back.

Plaese help and guide me......



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     05 May 2014

Your T&C of appointment letter to be seen for a proper opinion.  However, if you have resigned n your own without observing norms fixed by the company on the issue, you may have to comply with the conditions of appointment as far as the Security deposit amount is concerned.  Even now, if you feel you are right in your action, consult a local lawyer and issue a legal notice demanding your deposit amount as well as your arrears of salary, failing which you may proceed with further legal course of action.

Kumar Doab (FIN)     05 May 2014

Generically speaking there can not be a security deposit for employing an employee by employer.

The training provided by  employer should be such that adds some qualification, some extra ordinary skill to employee and hence the demand of signing some BOND.

The training…………………….so called  training………………………….if it is given to mange the counters of employer then employer has to arrange it without any cost to employee.

The late payment of wages, non payment of wages by employer is breach by employer and is a justified reason for resignation and notice period/pay and even BOND should loose its sanctity.

The querist is undoubtedly with one unscrupulous employer and a high headed too that has resorted to termination to exercise undue pressure on employee……………………….instead of begging apology for delayed and non payment of earned wages.

 

The querist is of course ill informed of his rights, law and is certainly not a member of employees unions, trade unions and has not consulted elders in the family, a lawyer.

As advised by Mr. Kalaiselvan without wasting time you may approach a competent and experienced labor consultant/service lawyer along with elders in the family, and show all docs on record in person.

If acceptable to you then you may attach copies of so called bond, appointment letter etc.

You may erase the names etc  to maintain the confidentiality.

 

 

 

   

Jitendra Jain (Advocate & Labour Law Consultant)     06 May 2014

Mr. Ratan Pandit, to have a brief idea about your right to receive your dues, it is necessary to mention relevant clauses of " termination of service" must be written in your contract of employment  / bond (if any).


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