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.
Helpful
Helpful
Share
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.
Helpful
Helpful
Share
Read Related Answers
Notice period buyout during probation
Dear Client,
If there is no provision for a buyout of a fraction period of the total notice period in the policy of the Company, you cannot opt for it as a matter of right. Either you have to serve th...
Listed company registered office in residential premises.
Dear Client,
The use of a residential building for commercial purposes is not permissible under the law unless the class or character of the building is converted by the competent authority i.e, Munic...
Boss told me to resign
Dear Client,
An employee who is being forced to tender a resignation that amounted to illegal retrenchment/termination, if you can prove the allegation with substantial evidence. Once you succeed in p...
Commercial flate
Dear Client,
Regardless of the character of the flat, commercial or residential, a common area maintenance(CAM) charge is payable by the owner of the flat to a Society or Association.
Resignation wihout notice period
Dear Client,
A resignation without complying with the terms of employment i.e, service of notice period may liable an employee to face legal consequences for breach of terms of the contract. An employ...
Read Blogs on Corporate and Incorporation
Corporate and Incorporation Lawyers
Find Lawyers by Location