FNF recovery amount
9 months ago
As I have been terminated from the company and now company even s asking me to pay three month notice period amount including laptop amount which is all around 1.35lakh and I have asked for time but they didn't give sufficient time and now they have sent notice from the lawyer asking to pay all amount... Kindly what should I do next ??
A.Dear Client,
n the absence of a specific stipulation in the contract of employment or offer letter, the employer can not demand back the payment of 3 months' salary for non-serving the notice period especially when an employee is terminated from the service by the Company. on the ground other than disciplinary action. As regards the claim for the cost of a laptop that belongs to the Company you should either to return the laptop or to pay the cost in lieu of return. So, such an arbitrary action of the employer amounted to unfair labour practices. Therefore, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and unfair labour practice, serve a counter-legal notice in reply to the Company's legal notice and reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter.
n the absence of a specific stipulation in the contract of employment or offer letter, the employer can not demand back the payment of 3 months' salary for non-serving the notice period especially when an employee is terminated from the service by the Company. on the ground other than disciplinary action. As regards the claim for the cost of a laptop that belongs to the Company you should either to return the laptop or to pay the cost in lieu of return. So, such an arbitrary action of the employer amounted to unfair labour practices. Therefore, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and unfair labour practice, serve a counter-legal notice in reply to the Company's legal notice and reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter.
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A.Dear client,
You can follow the below steps:
1. Approach the Labour Commissioner: You can approach the labour commissioner and convey the issue to the commissioner. It is advised that a copy of the legal notice sent to the employer, employment contract is attached to the complaint filed before the labour commissioner.
2. Approach the Labour Court: If the labour commissioner fails to provide a solution, then the employee can approach the labour court.
3. Approach the Civil Court: Employees holding executive or managerial posts can file a suit in a civil court, in accordance with the provisions of Civil Procedure Code, 1908.
You can follow the below steps:
1. Approach the Labour Commissioner: You can approach the labour commissioner and convey the issue to the commissioner. It is advised that a copy of the legal notice sent to the employer, employment contract is attached to the complaint filed before the labour commissioner.
2. Approach the Labour Court: If the labour commissioner fails to provide a solution, then the employee can approach the labour court.
3. Approach the Civil Court: Employees holding executive or managerial posts can file a suit in a civil court, in accordance with the provisions of Civil Procedure Code, 1908.
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