Preeti,
The account gets automatically converted into Savings Account if the bank did not find any salary deposit by your employer in a span of three months time.
So you dont need to approach anyone, you can use the account even after leaving last employment but for that you need to maintain some balance amt as per specific bank regulations.
Bharat :)
From Spain
The account gets automatically converted into Savings Account if the bank did not find any salary deposit by your employer in a span of three months time.
So you dont need to approach anyone, you can use the account even after leaving last employment but for that you need to maintain some balance amt as per specific bank regulations.
Bharat :)
From Spain
hi preethi.
i think you are mentally disturbted in this issue, so better speak with your previous company as one gentleman said, giving stop payment is also a solution, as compensation is not mentioned in your offer letter. but to keep your mind cool speak with the previuos employer and get the things clear, this will help you from the guilty feelings forever..... also in future also if you want to quit from the company please do inform the company... a simple quiestion do you join in a company w/o offer letter...... same like that only before quitting please do inform...... this is one of your character qualities... think you are like a employer and act accdly.
thanks
vishwa
From India, Madras
i think you are mentally disturbted in this issue, so better speak with your previous company as one gentleman said, giving stop payment is also a solution, as compensation is not mentioned in your offer letter. but to keep your mind cool speak with the previuos employer and get the things clear, this will help you from the guilty feelings forever..... also in future also if you want to quit from the company please do inform the company... a simple quiestion do you join in a company w/o offer letter...... same like that only before quitting please do inform...... this is one of your character qualities... think you are like a employer and act accdly.
thanks
vishwa
From India, Madras
Dear Preeti,
I have checked your all msg an finally i have reached to a conclusion that you must be facing some problem in your previous company that why you have quit from there.
But you need not to worrry about legal action as at the time of appointment you always depend on employer due to your necessities of getting job in that case.
It is decided in a case that if a person signed any document for getting job under pressure is not legally valid as it is violation of free consent.
and it is not neccessary to you to serve the company if you have been unnecessarily pressurized or forcefully held liable for some responsiblities.
as your closing of bank a/c is concerned yuo can directly close your a/c you dont need any confirmation from your previous employer.
and you can also do one thing you can report lost of cheque to bank and ask them to stop payment in case they have been presented for payment.
if you still need any assistance you can be in touch.
.
From India, New Delhi
67I have checked your all msg an finally i have reached to a conclusion that you must be facing some problem in your previous company that why you have quit from there.
But you need not to worrry about legal action as at the time of appointment you always depend on employer due to your necessities of getting job in that case.
It is decided in a case that if a person signed any document for getting job under pressure is not legally valid as it is violation of free consent.
and it is not neccessary to you to serve the company if you have been unnecessarily pressurized or forcefully held liable for some responsiblities.
as your closing of bank a/c is concerned yuo can directly close your a/c you dont need any confirmation from your previous employer.
and you can also do one thing you can report lost of cheque to bank and ask them to stop payment in case they have been presented for payment.
if you still need any assistance you can be in touch.
.
From India, New Delhi
Kindly go through the Bombay High Court ruling on 138 N.I. Act which was published in yesterday's Times of India.
It is related to Stop Payment instructions. As per that ruling stop payment instructions attracts an offence u/s 138 of N.I.Act.
Only way to resolve the issue is properly approach the person to whom you have given the signed cheque and request him to return that cheque after satisfying his legal due if any. No other go. Otherwise at the time handing over the cheque you should have obtained a letter from them that they are asking this blank cheque duly signed from you as security only. No way you can win legally without these things. They may be 100% fault for cheating you like this. What to do? Today's law is such u/s 138 N.I.act. Better do not give any blank cheque to any one for whatsoever reason in future. That is only the solution.
Regards,
Kumar
From India, Madras
It is related to Stop Payment instructions. As per that ruling stop payment instructions attracts an offence u/s 138 of N.I.Act.
Only way to resolve the issue is properly approach the person to whom you have given the signed cheque and request him to return that cheque after satisfying his legal due if any. No other go. Otherwise at the time handing over the cheque you should have obtained a letter from them that they are asking this blank cheque duly signed from you as security only. No way you can win legally without these things. They may be 100% fault for cheating you like this. What to do? Today's law is such u/s 138 N.I.act. Better do not give any blank cheque to any one for whatsoever reason in future. That is only the solution.
Regards,
Kumar
From India, Madras
Dear Preeti,
It is seeming you were in very confusion condition at that time of your entry in your old company.You are telling that there was no authorisation letter which includes that the matter of 3lacs payment to your employer in the case of your resignation with out infermation.
Then the issue can be clear if you can give one authorisation letter to bank people to stop the cheque clearence which has given by you to your old employer.
Same time you should take one acknowledgement sign with bank seal from bank people that they have recieved the letter from you.You keep that xerox at you for your future refference.(The letter should give to concern Operations manager of the bank,his signature should be there on that same (xerox)you shold keep with you.)
If you want to close your account just you close account of that bank then you will never have any problem from your old employer.
Best of luck.
Thanks&Regards,
nandu,
Hr-officer.
From India, Jaipur
It is seeming you were in very confusion condition at that time of your entry in your old company.You are telling that there was no authorisation letter which includes that the matter of 3lacs payment to your employer in the case of your resignation with out infermation.
Then the issue can be clear if you can give one authorisation letter to bank people to stop the cheque clearence which has given by you to your old employer.
Same time you should take one acknowledgement sign with bank seal from bank people that they have recieved the letter from you.You keep that xerox at you for your future refference.(The letter should give to concern Operations manager of the bank,his signature should be there on that same (xerox)you shold keep with you.)
If you want to close your account just you close account of that bank then you will never have any problem from your old employer.
Best of luck.
Thanks&Regards,
nandu,
Hr-officer.
From India, Jaipur
Hi Preeti,
Please forget the past and think about your current job as you have already committed a mistake of not informing your current employer which I advise you not to do in future.
I have seen several instances in the past where the new company employee will have some connection with the old company where you join and they will come to know that you have sneaked out.
I even had to terminate a senior manager as I knew some employee of the comany where our manager worked.
Looks like your earlier employer has some complicated releiving procedure. Hence,lets not split hairs on this anymore and good luck on your new job!!
Regards,
Madhu
HR Manager
9176638999
9884173041
From India, Madras
Please forget the past and think about your current job as you have already committed a mistake of not informing your current employer which I advise you not to do in future.
I have seen several instances in the past where the new company employee will have some connection with the old company where you join and they will come to know that you have sneaked out.
I even had to terminate a senior manager as I knew some employee of the comany where our manager worked.
Looks like your earlier employer has some complicated releiving procedure. Hence,lets not split hairs on this anymore and good luck on your new job!!
Regards,
Madhu
HR Manager
9176638999
9884173041
From India, Madras
Dear preeti,
I have gone through your issue and suggetions given by our collegues. When you have joined the service of previous employers organisation, you have voluntarily entered an agreement with them agreeing to serve for a minimum period of 30 months. Generally, in every agreement there shall be provison for recovery of compesation on failure to performe the terms and conditions stipulated therein by any party.
In the present case, you are not informing to any body whether that clause is there or not in your agreement? Is so what are the contents? In general, if the employer inccur an expenditure to train the fresh candidate to meet the future manpower requirement of his organisation, he can take an agreement from such trainee. On failure of trainee to to fulfil his obligation as per the agreement, then the employer is having the right to recover the amount which he has spent on trainee towards his stipend, facility provided to extend the food stuff in canteen on subsidary rates, welfare expence incurred and recruitment expences etc.
But, with out giving any training or incurring any expences, if any employer make the new employee to singn forcibly an agreement, it is not valid. For claiming Rs 3 lakhs is not a joke and they have to show the evidence on what ground they have incurred the expeses on your account or else in what way they have sustained loss by your act.
Though, legally it is not justified on part of your employer to claim compesation amount of Rs 3 lakhs and at the same time we can not support your act of running away from your previous employer without informing him amounts to breach of trust.
What I personally feel that it is better to settle your issue with your previous employer amicably. For this you should go and inform him under what circumastance you you have left their organisation and politely ask him for execuse you for that. Then handover the resignation with a request to accept the same and releve you from their services with immediate effect. Generally if you pay one month salary in lieu of notice, your employer will have no option except accept the same.Thereafter, you can ask him to give back the cheque which was taken by them at the time of your joining.
If they relucant to accept your resignation or relieve you from their services and give back your cheque, then tell them to face legal consequences. It is settled law that taking blank cheque towards the compensation by an employer is a crime and it can be proved in court proceedings.
Instead of going through procedure as per law, you have made your case very complicated . At least hereafter, you should go and meet your previous company MD and try to convince him to settle your account amicably. You should not get any remedy by running away from your liability. If your employer presents the blank cheque by filling with some figure i.e even if it is for Rs 10000/- and if it is dishonered due to lack funds in your account, it is to be treated as crime under negotiable instrument act. Thereafter by giving a notice to you, your previous employer has got a right to proceed leagally against you under Cr PC.
I think you can understand the legal complication by signing the agreement and giving blank cheques etc to the employer of any organisation.
Regards
NVRao
Hyderabad
From India, Hyderabad
I have gone through your issue and suggetions given by our collegues. When you have joined the service of previous employers organisation, you have voluntarily entered an agreement with them agreeing to serve for a minimum period of 30 months. Generally, in every agreement there shall be provison for recovery of compesation on failure to performe the terms and conditions stipulated therein by any party.
In the present case, you are not informing to any body whether that clause is there or not in your agreement? Is so what are the contents? In general, if the employer inccur an expenditure to train the fresh candidate to meet the future manpower requirement of his organisation, he can take an agreement from such trainee. On failure of trainee to to fulfil his obligation as per the agreement, then the employer is having the right to recover the amount which he has spent on trainee towards his stipend, facility provided to extend the food stuff in canteen on subsidary rates, welfare expence incurred and recruitment expences etc.
But, with out giving any training or incurring any expences, if any employer make the new employee to singn forcibly an agreement, it is not valid. For claiming Rs 3 lakhs is not a joke and they have to show the evidence on what ground they have incurred the expeses on your account or else in what way they have sustained loss by your act.
Though, legally it is not justified on part of your employer to claim compesation amount of Rs 3 lakhs and at the same time we can not support your act of running away from your previous employer without informing him amounts to breach of trust.
What I personally feel that it is better to settle your issue with your previous employer amicably. For this you should go and inform him under what circumastance you you have left their organisation and politely ask him for execuse you for that. Then handover the resignation with a request to accept the same and releve you from their services with immediate effect. Generally if you pay one month salary in lieu of notice, your employer will have no option except accept the same.Thereafter, you can ask him to give back the cheque which was taken by them at the time of your joining.
If they relucant to accept your resignation or relieve you from their services and give back your cheque, then tell them to face legal consequences. It is settled law that taking blank cheque towards the compensation by an employer is a crime and it can be proved in court proceedings.
Instead of going through procedure as per law, you have made your case very complicated . At least hereafter, you should go and meet your previous company MD and try to convince him to settle your account amicably. You should not get any remedy by running away from your liability. If your employer presents the blank cheque by filling with some figure i.e even if it is for Rs 10000/- and if it is dishonered due to lack funds in your account, it is to be treated as crime under negotiable instrument act. Thereafter by giving a notice to you, your previous employer has got a right to proceed leagally against you under Cr PC.
I think you can understand the legal complication by signing the agreement and giving blank cheques etc to the employer of any organisation.
Regards
NVRao
Hyderabad
From India, Hyderabad
Good dare!!!
Frankly speaking your fully unethical, insecure& hyperactive.
However, here is my suggestion... just produce a fake medical certificate to your old organization stating "Got severe accident at some remote place/ village which is not easily approachable & due to permanant disability you can not work any longer with them"...
The risk here is... if you are seen any old company employees... you need to say Who are you??? Sorry.. I don't know you.... u need to say a diff name to them...
alternately.... just pay them 3lacs & live happily without any tensions...
if my suggestions can't be implemented in ur case... pl simply ignore...
From India, New Delhi
Frankly speaking your fully unethical, insecure& hyperactive.
However, here is my suggestion... just produce a fake medical certificate to your old organization stating "Got severe accident at some remote place/ village which is not easily approachable & due to permanant disability you can not work any longer with them"...
The risk here is... if you are seen any old company employees... you need to say Who are you??? Sorry.. I don't know you.... u need to say a diff name to them...
alternately.... just pay them 3lacs & live happily without any tensions...
if my suggestions can't be implemented in ur case... pl simply ignore...
From India, New Delhi
Preeti... dont get panic unnecessorily... forget about your salary account& your old company.... People don't have that much time run behind you& courts...
If you are reading us means... you are in very safe zone...
Just live happily without any tensions... Just Be Happy:)
Take this as lessions learnt.... & never ever repeat it... Take care, all the best... :-)
From India, New Delhi
If you are reading us means... you are in very safe zone...
Just live happily without any tensions... Just Be Happy:)
Take this as lessions learnt.... & never ever repeat it... Take care, all the best... :-)
From India, New Delhi
Dear all,
If at all the employer decides to utilise the blank signed cheque there are ways and means of doing it. He is not a fool to say that such and such person has given the cheque at the time of his/her joining the organisation as a security. He can defintely create a beleivable/acceptable story that suits him,safeguards him and as per law.
It is always better to settle the issue amicably with the employer especially in cases where the blank signed cheques are in possession of the employer.
The same is applicable wherein the original educational certificates are taken as a safety measure by the employer.
If at all anything is there in writing you are safe. otherwise gone. All employers are not honest.
Regards,
S.Kumarasubramanian
From India, Madras
If at all the employer decides to utilise the blank signed cheque there are ways and means of doing it. He is not a fool to say that such and such person has given the cheque at the time of his/her joining the organisation as a security. He can defintely create a beleivable/acceptable story that suits him,safeguards him and as per law.
It is always better to settle the issue amicably with the employer especially in cases where the blank signed cheques are in possession of the employer.
The same is applicable wherein the original educational certificates are taken as a safety measure by the employer.
If at all anything is there in writing you are safe. otherwise gone. All employers are not honest.
Regards,
S.Kumarasubramanian
From India, Madras
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