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Asset handover
4 months ago
Hello to all the lawyers here
I was working with a company till the 1st week of December as an executive when they informed me that my department will be switched so due to weak performance.
I had agreed to it but nothing was mentioned on mail.
A few days passed by while sitting at home for reply from the company for rejoining but they kept on delaying it stating that the manager for the new department hasn’t been hired yet and it’ll take some more time.
In the meantime I did have the company laptop with me and it’s still with me only.
Now the hr is asking me to come and handover the laptop even though there hasn’t been any communication with regards to rejoining/resigning or termination of employment.
The hr threatens me saying he’ll send someone to my place to collect the laptop.
I have no issues in returning laptop back but I believe I’m entitled to the momentary compensation for keeping me on hold for such a long time.
Is there any way to inform the hr about this
Your advice would be appreciated.
Thanks
A.Dear Client,
It seems that the relationship between you and your employer hasn't been formally terminated, falling under the category of layoff as defined by the Industrial Disputes Act, 1947. Layoff occurs when an employer is unable to provide employment due to reasons beyond their control. According to Section 25C of the Act, a workman laid off is entitled to receive compensation, typically 50% of total basic earnings and dearness allowance. Section 25M states that employers can lay off employees after obtaining permission from the relevant government authority. If you're categorized as a workman, consider serving a legal notice to the company and approach the Labour Commissioner for addressing unfair labor practices. Alternatively, if applicable, filing a civil suit in a Civil Court could seek a remedy. Regarding the company laptop, since it belongs to the company, they have the right to request its return at any time, and non-compliance may lead to legal consequences.
Thankyou
It seems that the relationship between you and your employer hasn't been formally terminated, falling under the category of layoff as defined by the Industrial Disputes Act, 1947. Layoff occurs when an employer is unable to provide employment due to reasons beyond their control. According to Section 25C of the Act, a workman laid off is entitled to receive compensation, typically 50% of total basic earnings and dearness allowance. Section 25M states that employers can lay off employees after obtaining permission from the relevant government authority. If you're categorized as a workman, consider serving a legal notice to the company and approach the Labour Commissioner for addressing unfair labor practices. Alternatively, if applicable, filing a civil suit in a Civil Court could seek a remedy. Regarding the company laptop, since it belongs to the company, they have the right to request its return at any time, and non-compliance may lead to legal consequences.
Thankyou
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A.Dear Client,
From the contents of your query, it appears that the relationship that exists between an employee and employer is not seized or severed either by termination by the Company or by the resignation of an employee. Thus, your forced idleness comes under the purview of Lay off as defined under Section 2(kkk) of the Industrial Disputes Act, 1947 says that a workman is said to be laid-off when an employer fails, refuses or is unable to provide employment to the workman whose name is mentioned in the muster roll of an industrial establishment due to reasons beyond the employer’s control, such as insufficiency of coal, power or raw material, the accumulation of stocks, the breakdown of machinery, a natural calamity or any other same or correlated reason. The workman is allowed to take compensation from his employer if he has been laid off under the ambit of Section 2(kkk) of the Act, subject to certain conditions that need to be fulfilled. According to, Section 25C of the Act, the workman who has been laid off is entitled to receive 50 percent of his total basic earnings and a dearness allowance for the duration of the layoff. As per Section 25M of the Act, the employer can lay off the employee after obtaining permission from the concerned government or the authority as specified by the government. In view of the above proposition of relevant law, 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 after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer over alleged unfair labour practice to resolve the grievance. Otherwise, you need to file a civil suit against the Company in Civil Court seeking appropriate relief in the matter. Further, as regards the return of the company laptop, it may be noted that since the laptop belongs to Company, regardless of any reason, the company can ask for its return at any time from the employee failing which the employee may face legal consequences.
From the contents of your query, it appears that the relationship that exists between an employee and employer is not seized or severed either by termination by the Company or by the resignation of an employee. Thus, your forced idleness comes under the purview of Lay off as defined under Section 2(kkk) of the Industrial Disputes Act, 1947 says that a workman is said to be laid-off when an employer fails, refuses or is unable to provide employment to the workman whose name is mentioned in the muster roll of an industrial establishment due to reasons beyond the employer’s control, such as insufficiency of coal, power or raw material, the accumulation of stocks, the breakdown of machinery, a natural calamity or any other same or correlated reason. The workman is allowed to take compensation from his employer if he has been laid off under the ambit of Section 2(kkk) of the Act, subject to certain conditions that need to be fulfilled. According to, Section 25C of the Act, the workman who has been laid off is entitled to receive 50 percent of his total basic earnings and a dearness allowance for the duration of the layoff. As per Section 25M of the Act, the employer can lay off the employee after obtaining permission from the concerned government or the authority as specified by the government. In view of the above proposition of relevant law, 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 after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer over alleged unfair labour practice to resolve the grievance. Otherwise, you need to file a civil suit against the Company in Civil Court seeking appropriate relief in the matter. Further, as regards the return of the company laptop, it may be noted that since the laptop belongs to Company, regardless of any reason, the company can ask for its return at any time from the employee failing which the employee may face legal consequences.
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