Dispute with employer

Dear Harish,

From where did you got that information????? Secondly, you need to provideyour appointment letter / agreement of that company which restricts you to work for competitor company for 3 years.

kindly provide those documents to provide you legal opinion.

You may call on 9324538481.

Regards,

Advocate Rohit Dalmia

Mumbai 

Thanks Sir, I have got this information from one of my ex colleague working still in the said company. I'll forward you the copy of an agreement for your reference. But please let me know whether they are liable to file a case after 8 months.

Regards

Harish

 Dear Harish,

As you said earlier  said "In that agreement there was a condition that an employee would not work for three years in the similar trade after termination of such agreement." Technically this clause is apllicable only after you leave the job or company terminates your service. Therefore, Company has the power. But we need to check how to come out of it.

Kindly forward me the appointment letter and the correspondences exchanged between you and the company officials.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Thanks Sir. 'll forward you the details in a day or two as I am out of town right now. However as I have explained that my ageement had expired on 31.8.2011 and I resigned on 24.10.2011 and left the company on 30.11.2011. The above condition would be applicable only after the termination of such agreement. But since my agreement had expired and after expiry nether they nor myself had approached for renewal then I am not bound with any condition of this ageement. Kindly give your opinion.

Regards

Harish

Sir,

I was appointed by a small company ( proprietorship) as a General Manager in Nov 2004. According to the appointment letter I was to be paid apprx Rs 1.6 lac  per year plus 2% of the net turnover of the company. They never paid me anything over the last 8yrs, instead made me set up their factory, develop their products and supply them with finished goods on labour rates. My repeated requests on my dues have gone unheard of. I also travelled abroad as an employee of the company for technical matters. The invitation letter of the host company and travel documents are with me. Now since Dec 2011 they started to source the same products from other places, lured persons trained  my me to create alternative supply lines and even sqeezed whatever little earnings I had from making their products. I have been writing to them for the last 4yrs but they do not seem to care and have not visited their factory since atleast 4yrs. Left with no choice I started my own proprietorship company last month. How do I get my dues and can I claim PF and gratuity as mentioned in my appointment letter, damages ?  

Mr. Dalmia has given valuable advice. Kindly follow it.

You have posted that:

--“In that agreement there was a condition that an employee would not work for three years in the similar trade after termination of such agreement. Although my agreement was expired I had served notice period and left the job after handling proper charge and got relieving letter from the company.”

If you look at it verbatim, the agreement mentions ‘employee would not work for three years in the similar trade after termination of such agreement.”

However such clauses can prove to be void.

 --“ They use to take a benefit from the said clause of agreement and also they take help of IT act and has filed criminial cases under IT ACT section 43 against few employees to harass them in which they have mentioned that the said employees have stolen their confidential information from their Laptops while they do not have any copyright for such informations.”

Employee must not share the confidential data.

The question arises did you have access to confidential data/sensitive information? The information in Laptop was indeed sensitive or not which could affect business interest of the company. Did the company demand Laptop to be returned during the notice period or did you return the Laptop? Why the company did not took Laptop in its custody and clean the archives the moment notice was served by employee?

Usually the companies use software like “Lotus” and after the employment is terminated employee can not access archives.

You shall need to defend on this. Approach your lawyer.

You may find the attachments useful.