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Manish   07 December 2015

Unlawful f&f

Hi,

Company terminated me while I was in emergency leave (I sent a mail with all details including information to run the operation smoothly in my absent). In F&F they charged me 2 months notice period amount, is it lawful ? As I got terminated, I stop going to company and got the termination letter also.

Please suggest, I have submitted a blank cheque also in the time of joining and scared they can misuse that.



Learning

 10 Replies

Kumar Doab (FIN)     07 December 2015

Did you consult elders in the family, employee's/trade union leaders, your able labor law consultant before handing over a blank cheque to employer?

Did the employer demand to submit a blank cheque in writing?

Did you get any acknowledgment of cheque?

The cheque was issued in lieu of what?

 

Why did you opt to join such employer that ask to submit a blank cheque?

Did you submit leave application and do you have acknowledgment?

The elave was for how many days?

Did the company approve or decline the leave in writing?

 

What is this company: Commercial/Industrial?

How many persons are working with it: direct/indirect?

You were located in which state?

What was your designation and nature of duties?

You may ASAP approach an able counsel specializing in labor law with all docs on record and let your lawyer structure a suitable communication asking the company to not to present the cheque and return it and also to bank and to declare that F&F is erratic and demand is illegal and be withdrawn in  writing.

 

 

 

 

 

 

 

 

Manish   07 December 2015

Thanks to reply Kumar,

I already cancelled the cheque after the termination, as it was an emergency leave so I sent a mail but not received any reply. This company is micro finance company located in Bangalore and I was working as IT manager. However they have provided me acknowledgement of cheque but there was list of doc need to submit while joining and cheque was one of the doc. Company threating me, they are going to submit the cheque and if its get bounced they will put crimanal case under sec 138. Please advice what shall I do now to stop get harred by this.

Manish   07 December 2015

Thanks to reply Kumar,

I already cancelled the cheque after the termination, as it was an emergency leave so I sent a mail but not received any reply. This company is micro finance company located in Bangalore and I was working as IT manager. However they have provided me acknowledgement of cheque but there was list of doc need to submit while joining and cheque was one of the doc. Company threating me, they are going to submit the cheque and if its get bounced they will put crimanal case under sec 138. Please advice me,what shall I do now to stop get harassed by this.

Kumar Doab (FIN)     07 December 2015

You have not replied to all  points, pointwise.

You have already been advised.

Approach an able counsel ASAP.

Record all threats (audio/visual/witnessed/minuted).

 

 

Manish   07 December 2015

Thank you very much. 

Puranmal Verma (Central Government Employee)     07 December 2015

Agree with Mr. Kumar 's advise

 

 

Manish   08 December 2015

Kumar,

One question, what if they go for cheque bounce case under section 138. Please advice.

Kumar Doab (FIN)     08 December 2015

You have not replied to all points, pointwise.

Before they do it approach an able counsel ASAP. Your counsel would know after examining all details.docs,inputs, how to handle your matter and defend your interest.

Don't waste time.

Manish   09 December 2015

Hi Kumar,

 

Today I have approched to Labour inspector Bangalore division. He asked me to submit the complain in written so they can proceed further, also he suggested to raise a complain to concern police station regarding misuse of your blank cheque so in future you can defense the same. I request you to suggest, shall I go ahead with this.

Kumar Doab (FIN)     09 December 2015

You have not replied to all points, pointwise.

Your counsel would know after examining all details.docs,inputs, nature of duties, how to handle your matter in much better manner than you doing it alone and defend your interest.

 

Your counsel can also advise you whether you are covered as 'Workman', 'Employee' and approach Labor Officials or not.

Your counsel can also help you to contest termination order and to call it back.


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