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Irfan (Fresher)     07 February 2013

Issues related to rejoining

I would like to bring to your kind notice that I employee of company in gurgaon had undergone matrimonial dispute in June 2012, which has been settled outside the court and further procedures are in progress per the judicial norms. In brief, I want to inform you that few months back I was falsely implicated by my ex-in-laws in a dowry harassment case and during this period me & my family members have gone through lot of suffering and mental trauma. However, my request for the anticipatory bail was granted by the Honourable High Court,  on the onset of resolving the matter outside the court, though people with ulterior motives within my extended family and others tried to scuttle the process. Before it being settled down, I was in continuous touch with  my Manager, to keep him updated on the situation at my end, and in return, he always had shown his concern and wished my well being and assured me of all support from him and the organization, and there would not be any issue with regard to my association with the organization, and to settle the matter legally to ensure smooth return to business.

Following my request for anticipatory bail being granted through mutual agreement, I returned to Delhi with hope of rejoining the work. Even though I have communicated with the HR manager on a regular basis since October 2012 regarding rejoining, almost every week I have been told that my  rejoining formalities would be done next day or same week, and when the week comes closing, a new dated in the coming week is offered with full confidence, bot off no avail. HR Head called me to office, let alone handing out a solution to this deadlock, there is no direction in sight towards solving this problem.

And out of blue, HR calls me up to complete my exit formalities.  with no salary in hand for past 6 months, I am caught in a financial mess due to paying off the compensation, apart from other legal expenses, not to mention during the wedding, I had taken loan and credit card payments and home loan, which are unleashing havoc in mind and making my life miserable.

Kindly advice me how can I Handle this issue in light of law.



Learning

 1 Replies

SRISHAILA.DHARANI (Advocate&consultant)     07 February 2013

Hi Irfan,

1.You have to get the salary for the days you have attended the work/office.The company can not refuse.

2.You shaould be given a notice of termination, explaining the reasons , as to why they are removing, until that, they can not remove.

3.As for as other loans concerned, like housing loans, credit cards are concerned , make request them that, you are jobless and looking for job.As and when you get the job, start repying the loans.This you have to do, ONLY when they ask you.

4.No need to worry, about the financial liabilities, AT THE MOST they will file a case for recovery of money, and in the court, you will get time, provided you select a good lawyer.

5.Bank people have to action,only through and not otherwise.

srishaila,bangalore,advocate,9741425514,sdharani120@gmail.com


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