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SP (Consultant)     01 July 2014

My employer is still having an undated cheque drawn by me

Hello,

I have submitted an undated cheque work 1 Lac to my previous employer. They took this cheque from me as a retention amount during my last appraisal. In return to this, I have not received any letter that what is the purpose behind this cheque in spite of asking it for number of times. All I received was a brief email as mentioned below.

"As per our talk , I would like to assure you about safety of your cheque.

It will be returned back to you at the time of your next appraisal in October 2013. And this has been taken as part of retention amount from you.

 

I hope this will satisfy your demand."

 

In June 2013, I resigned from the company and had to join another employer urgently. I asked them to deposit my cheque and issue me an experience letter in return. Due to good relationship with my boss, they neither deposited the cheque nor issued me an experience letter.

 

Now, after a year I received a call from my previous employer saying that they are going to deposit my cheque. When I said I am fine with this but you will have to provide me an experience/relieving letter, they are not confirming to this. They are not confirming that they will be sending me experience letter.

 

I have hold them for few days with a reason that I need to arrange funds before you deposit the money. I am not sure what should I do in this case?

 

Can anyone help me with this?

 

Please note that I have not signed any legal contract/bond with my previous employer. The cheque was just taken as security amount.

 

Need help urgently.



Learning

 8 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     01 July 2014

I is confiemed u worked for full one year n u r bound get experience certificate irrespective of retention amount of cheque. If they don't give contact on 9869400938 or email: jeevansci@yahoo.com Adv JEEVAN PATIL

SP (Consultant)     01 July 2014

Hi Jeevan, Thank You for your response. I have worked for 1.9 years with this employer.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     01 July 2014

Fine keep all correspondence with u n contact

Kumar Doab (FIN)     01 July 2014

AS advised by Mr. Jeevan keep the communications safely with you and generate printouts.

 

It is felt from your post that you have some merits and you have never conveyed that you don’t want to pay.

 

Record all calls/meetings (audio/visual).

 

Service certificate has to be issued to all employees on last day in office.

 

What is this ‘Retention Amount’ and why it is to be paid by you?

Is this retention amount mentioned in any of the document and can you post the printed version of it? You may erase the names/logo etc to retain the confidentiality.

 

Was this next appraisal conducted before you left?

 

>>> What is this company/establishment: Commercial, Industrial, Small Enterprise?

It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board! Or You may find out on your own.

What is its line of business; IT, banking etc?

You are in which state?

Does company have an office at your location?

Does company have an office where you are right now with your family?

Redg. office of the company is in which state?


How many employees are employed in it? 

What is your designation and nature of duties? 

Has your service been confirmed in writing? 

Since how many month’s you are working with this company?
Are you a member of employee's/ Trade Unions?

Did you submit notice of resignation or resignation with immediate effect?

Has your resignation been accepted?

 

This info shall help you, hence post it.

SP (Consultant)     01 July 2014

Thanks Mr Jeevan and Mr Kumar.

What is this ‘Retention Amount’ and why it is to be paid by you?

 

This retention amount was my three months salary. The employer took undated cheque from me because there was no legal contract/bond between me and my employer. This was never mentioned anywhere in any document given to me such as offer letter, first apprisal letter etc. They said we are taking this amount because you cant leave us before October 2013.

 

Is this retention amount mentioned in any of the document and can you post the printed version of it? You may erase the names/logo etc to retain the confidentiality.

 

It is not mentioned anywhere in any document. They have not even provided me any document as a receipt of the cheque. I just received one email as I mentioned in my first post.

 

Was this next appraisal conducted before you left?

 

No. I left the company before that. My appraisal was due in October, 2013 and I left the company in June 2013.

 

>>> What is this company/establishment: Commercial, Industrial, Small Enterprise?

It's a Pvt Ltd IT services company

It should have displayed its registration Certificate at a conspicuous place e.g near entrance/on notice board! Or You may find out on your own.

Yes. They have their registration certificate but I don't have it now.


What is its line of business; IT, banking etc?

IT Services

You are in which state?
Maharashtra


Does company have an office at your location?
No


Does company have an office where you are right now with your family?
No


Redg. office of the company is in which state?
Must be in Gujarat

How many employees are employed in it? 
More than 100 


What is your designation and nature of duties? 

Has your service been confirmed in writing? 
I have offer, joining, first appraisal letter along with salary slips of almost all months.


Since how many month’s you are working with this company?

1.9 Years


Are you a member of employee's/ Trade Unions?
No


Did you submit notice of resignation or resignation with immediate effect?
Yes. I submitted my resignation. I also have a copy of resignation email


Has your resignation been accepted?

No. I never received any email from the management, HR about the acceptance of resignation

 

SP (Consultant)     02 July 2014

Hi,

Can I make stop payment of my cheque?

Sudhir Kumar, Advocate (Advocate)     02 July 2014

it appears you are not under any legal liability to pay as there is no contract so you owe them nothing and they cannot suceed in actin ui/s 138 if cheque is bounced/stop .  But they can can harass you by presenting the cheques at farthest place (i.e regd office) and file criminal case there.

Kumar Doab (FIN)     03 July 2014

 

You have not posted what was your designation/nature of duties.

 

You have not signed any service agreement/BOND, hence no liquidated damages are payable by you.

 

Did you ask in writing ‘What is purpose of collecting this cheque from you?

 

Did you ask what is this retention amount, and why is this retention amount being imposed on you while there is no agreement to this effect?

 

Is it mentioned as a precondition for hike in increment in appraisal form or even in low touch HR policy, HR manual, service rules and regulations?

 

If there is nothing on record showing an agreement for ‘Retention’ amount then the employer may not succeed.

 

The service certificate should be issued to all employees on last day in office.

 

Did the company issue any FnF statement, for verification and acceptance by you, FnF payment, Form16, PF number a/c slips of each year, salary slip of last month,NOC/NDC, ESIC card…………….etc?

 

Is this cheque CTS-2010 compliant and if NO bank may on its won decline to encash it. Check with your bank.

 

 

There are IT/ITeS employees unions, Trade Unions that can help you.

 

The IT/ITeS companies are covered by (name of the State) Shops and Commercial Establishments Act.

Bombay Shops and Commercial Establishments Act is so employee friendly and Gujarat follow it. Approach Inspector under this Act.

 

Standing Orders may be applicable, otherwise also if no. of employees are 50 then as per Bombay Shops and Commercial Establishments Act, standing orders shall apply……………………and employer is personally held responsible for faithful observance of standing orders. The retention amount/cheque may be violative of standing orders.

 

Approach a local labor consultant/service lawyer with all docs on record and let your lawyer take up the matter and resolve it.

 

 

Let your lawyer draft all of your representations.


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