I need some views on list of documents which can legally be taken from Employee while joining. Whether a blank and signed check without date can be demanded as security from employee, before joining?
From India, undefined
From India, undefined
Mr. SKariah,
Question of "can" or "cannot" has no relevance. Question arises, if the employee gives a blank cheque, why an employer cannot accept that blank cheque? Law does not prescribe anywhere whether someone should or should not give or take a blank cheque to or from anyone, not merely in case of an employee. Law recognises only the validity of transaction, if made legally against any legal liability and for any legally valid purpose. So, it is up to the drawer of the cheque to be careful about the issue of cheque for any transaction, yet to occur in future, if not not issued against any current and real liability.
So, it is up to employee not to give a blank cheque, if he feels that the cheque can be misused. Once a blank cheque has been given he gives a golden chance to the employer to use or misuse that in any manner he likes. However, if any dispute arises later on account of dishonour or on account of any illegal transaction, the employer is supposed to prove the validity of the transaction, irrespective of whether he took a blank cheque or fully filled up cheque.
From India, Delhi
20Question of "can" or "cannot" has no relevance. Question arises, if the employee gives a blank cheque, why an employer cannot accept that blank cheque? Law does not prescribe anywhere whether someone should or should not give or take a blank cheque to or from anyone, not merely in case of an employee. Law recognises only the validity of transaction, if made legally against any legal liability and for any legally valid purpose. So, it is up to the drawer of the cheque to be careful about the issue of cheque for any transaction, yet to occur in future, if not not issued against any current and real liability.
So, it is up to employee not to give a blank cheque, if he feels that the cheque can be misused. Once a blank cheque has been given he gives a golden chance to the employer to use or misuse that in any manner he likes. However, if any dispute arises later on account of dishonour or on account of any illegal transaction, the employer is supposed to prove the validity of the transaction, irrespective of whether he took a blank cheque or fully filled up cheque.
From India, Delhi
Ms. Leena,
About your question, "Whether a blank and signed check without date can be demanded as security from employee, before joining," there is no bar on making any verbal demand. But the employee has to take care that no verbal demand of the employer is accepted. Everything pertaining to employee-employer relation should be documented, either through offer letter, appointment letter or a written agreement. But, when a blank cheque is requisitioned from an employee as per the offer/ appointment letter or agreement that becomes void in law. The employer can either demand security in the shape of cash, cheque/ draft (duly completed in all respects) or bank guarantee. However, if the validity date of cheque or draft is nearing expiry the employer can ask the employee to replace the old/stale cheque with a fresh cheque/ bank draft.Bank guarantee is much more safer in the interest of both the employer as well as the employee. Chances of illegal use are quite less than any other mode.
From India, Delhi
About your question, "Whether a blank and signed check without date can be demanded as security from employee, before joining," there is no bar on making any verbal demand. But the employee has to take care that no verbal demand of the employer is accepted. Everything pertaining to employee-employer relation should be documented, either through offer letter, appointment letter or a written agreement. But, when a blank cheque is requisitioned from an employee as per the offer/ appointment letter or agreement that becomes void in law. The employer can either demand security in the shape of cash, cheque/ draft (duly completed in all respects) or bank guarantee. However, if the validity date of cheque or draft is nearing expiry the employer can ask the employee to replace the old/stale cheque with a fresh cheque/ bank draft.Bank guarantee is much more safer in the interest of both the employer as well as the employee. Chances of illegal use are quite less than any other mode.
From India, Delhi
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