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venkat naresh (Consultant)     09 September 2012

Notice from my ex-employer

Hi,

       I have joined software company in 2007, and as initial agreement I signed an 18 months bond. As a surety my father and brother signed this bond. After completing 18 months, I continued with the same company without any bond for a total of 4 yrs.

       In 2011 I was sent onsite to Dubai, I was promised to get indian salary in my bank accound and daily perdeims in dubai which will be paid in hand for this  assignment which will be for an year and after returning i should work for the company in India for 6 months. I was given insurance for a month so that I have a smooth approval at the immigration and I would get insurance locally once I reached Dubai. 

      Trouble started when I never received perdeims in time which made my stay worst. The most horrible time was that I didn't had money to buy my food, emails to my employer weren't responded. Things turned even worst when I was ill there and I was not insured, so no medical card and with no money in pocket couldn't afford to go to hospital. The most terrible thing was when company stopped paying me my indian salary which was for a month. I spoke with my employer that I could no logner continue here in dubai, he spontaneously said "Its not decided when you will return to India till then you should work here".  Unable to take any longer I emailed my resignition and flew back to india the next day. I searched for an other job and without ex-employer's releiving letter I am working here.

     Now after 1year of my dismissal, my ex-employer sent lawyer notices to me, my brother and my father asking to pay him 25 Lacs for the loss he incurred with my sudden absconding, else he will file civil and criminal cases on us. 

     My question is does really companies can sue even family members of the emplyee. I didn't break any bond, I didn't work for the company for 6months after returning from onsite as agreed,moreover company was holding my 3 months indian salary by the time I left.

     Could you please tell me what type of action I can take against the company ?  What type of action my brother and father can take ?

      I really want to sue the company for dragging my family into this, please help me. Any advice on this could be of great help to me.



Learning

 5 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     09 September 2012

Your case ground is strong or valid take the help of advocate.

Kumar Doab (FIN)     09 September 2012

Is the contract to pay perdiems, provide insurance in writing?

The employer did not pay salary for 3 months and left the employee to lurch in foreign land and thus became unworthy of being employed with.The employer has breached the trust.

Your emails shall come to your rescue.You have not absconded, you have resigned due to unbearable circumstances.

Your addresses were in record of employer and employer has sent legal notice at your address.If employer was willing to mend its ways it could have sent an appropriate communication calling you back to its indian office.It has probably not supplied any notice, legal notice declaring you absconding also.

Approach a competent and experienced service lawyer and issue a fitting reply to the legal notice.

venkat naresh (Consultant)     10 September 2012

        Thank you kumar, I really appreciate your help. Your message boosted my confidence. Thanks a lot.

        About my contract, I signed employment contract in Dubai, which was in arabic and english. This contract contained everything from salary in AED , insurance ,local accommodation etc., he used this to submit to the local FZ Authority to get my visa approval. As a FreeZone company, my company should provide me insurance according to local law of dubai. Unfortunately I donot have a copy of this. He too didnot use this contract in his claim probably because he cannot say he paid me in AED and cannot prove that he provided me with insurance. As I said even the perdiems he paid were by hand, so no record for that as well.

        When I was in India, he took my degree certificate for the purpose of applying Dubai visa. He gave me a letter stating this. He agreed upon for 4500 AED pm as perdiems before taking my certificate and he said these are perdiems and not salary so no letter for this. After that, the day before I was travelling to Dubai I was said he will pay me only 3000 AED pm as his policy changed. I rejected to go to Dubai, he insisted me to pay 1 Lac and take my certificate else goto Dubai with this pay, with no other option I left for Dubai. Even I have to sign the Dubai contract under the panic that he will not give me my original certificate. I have no written communication for all this transaction except the letter stating he is taking my certificate for the pupose of visa.

       Can I state that he cornered me to goto Dubai. How far will this help my case ? Will my point be valid ? Do I need to prove that employer said this to me ?

Kumar Doab (FIN)     10 September 2012

Mr.Joshi has given valuable advice. Kindly follow it. This matter now needs to be handled by a competent and experienced lawyer and let your lawyer evaluate the merits, as employer has already issued a legal notice. Your lawyer shall submit a fitting reply and shall demand all relevant documents. Your lawyer shall decide what is to be quoted/revealed and what is not to be quoted.

You have posted that:

--“He used this to submit to the local FZ Authority to get my visa approval.”

You may try and obtain copies of these and all other documents from visa authorities or employer or anyone else who can provide the documents.

 

--“He too did not use this contract in his claim.”

Employer shall have to produce the document.

 

--“Even I have to sign the Dubai contract under the panic that he will not give me my original certificate.”

The original documents can not be withheld for infinite period. Employer may ask to show the originals for verification and shall have to return. You may claim that you had to sign under the duress.

 

 

--I have no written communication for all this transaction except the letter stating he is taking my certificate for the pupose of visa.

After the visa the originals should have been returned.

 

 

--Can I state that he cornered me to goto Dubai.

You can. However, now your lawyer should take a final call on each and everything.

Consult your lawyer on the payments you received by hand.

 

venkat naresh (Consultant)     12 September 2012

Thanks for the valuable suggestions kumar. 


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