Can an Employer take a undated cheque from employee at the time of appoitment. I joined a company in 2009. Company has taken a undated cheque of my three month salary. And in 2012 I resigned but they didn\'t allow me to serve the notice period and deposited my cheque in bank. which one bounced due to insufficient fund. Now Co has filed a legal case on me.
Please guide me should I give them notice period salary amount or fight the case.
From India, Delhi
1Please guide me should I give them notice period salary amount or fight the case.
From India, Delhi
please answer the following questions
Is there any rule/ T&C of employment you found written in your employment letter that you must provide “Undated Cheque/Blank Cheque” to employer while at the joining?
Did you get any copy of notice from your employer in this regards?
Did you get any copy of Legal notice that they have filed against you?
What was the reason of your resignation or breach of employment?
Why you were not allowed to serve Notice Period if you were ready and
what was the amount of the cheque?
Your query is lacking with many of things and the answers of above posted questions can enable us to give your appropriate response …
From India, Gurgaon
Is there any rule/ T&C of employment you found written in your employment letter that you must provide “Undated Cheque/Blank Cheque” to employer while at the joining?
Did you get any copy of notice from your employer in this regards?
Did you get any copy of Legal notice that they have filed against you?
What was the reason of your resignation or breach of employment?
Why you were not allowed to serve Notice Period if you were ready and
what was the amount of the cheque?
Your query is lacking with many of things and the answers of above posted questions can enable us to give your appropriate response …
From India, Gurgaon
Dear
Further to the citation by Anil ji, heres a couple of them more which I'd did like to empathize --
Company has no right to coerce any candidate/employee to hand a post-dated cheque, hence it should be a term in the organization; which terms are to be read & made clear.
[Check your appointment for (any such) clause]
- Were you bullied to give a undated check?
- Were you aware that giving a cheque might prove to have legitimate issues?
- If not; How'd you give it in first place?
This line makes me feel mystic -- If you decided to resign, you told your employer and still they haven't allowed you to serve notice.. then;
- How did you leave? ABSCONDED!
- Have you any correspondance (a letter/email) of proof to your resignation?
I hope we are not palying in dark. Therefore, ample of data should be gathered to help give you any expert advice. Thanks!
From India, Visakhapatnam
Further to the citation by Anil ji, heres a couple of them more which I'd did like to empathize --
Company has no right to coerce any candidate/employee to hand a post-dated cheque, hence it should be a term in the organization; which terms are to be read & made clear.
[Check your appointment for (any such) clause]
- Were you bullied to give a undated check?
- Were you aware that giving a cheque might prove to have legitimate issues?
- If not; How'd you give it in first place?
This line makes me feel mystic -- If you decided to resign, you told your employer and still they haven't allowed you to serve notice.. then;
- How did you leave? ABSCONDED!
- Have you any correspondance (a letter/email) of proof to your resignation?
I hope we are not palying in dark. Therefore, ample of data should be gathered to help give you any expert advice. Thanks!
From India, Visakhapatnam
Hello Aarush Bhatt,
Further to what Anil Arora & Sharmila Das have mentioned, pl also clarify IF the PDC was taken IN-LIEU of any Bond period.
If yes, what was the period.
You mentioned you joined in 2009 & quit in 2012--pl confirm/clarify the Months too.
Also, since you resigned, pl confirm IF you got the Relieving/Experience Letter(s). Or was it that the company deposited the PDC straightaway?
All the Best.
Rgds,
TS
From India, Hyderabad
Further to what Anil Arora & Sharmila Das have mentioned, pl also clarify IF the PDC was taken IN-LIEU of any Bond period.
If yes, what was the period.
You mentioned you joined in 2009 & quit in 2012--pl confirm/clarify the Months too.
Also, since you resigned, pl confirm IF you got the Relieving/Experience Letter(s). Or was it that the company deposited the PDC straightaway?
All the Best.
Rgds,
TS
From India, Hyderabad
Dear All;
Such practices show that the employer is not confident. In any case the employee need not worry about the employer filing the case against the employee for cheque bouncing, simply because there is no consideration for the cheque. Such transactions are void in law.
Another point is that for the current period, from 1st April the format of cheque is changing. All cheques are numbered. The number can show when the cheque was issued and it will be stale after 3 months. Such cheque cannot be forced for recovery.
I wonder, if this really happens. Employer can take a bond, but advanced cheque for 3 years in advance?
Vibhakar Ramtirthkar.
From India, Pune
Such practices show that the employer is not confident. In any case the employee need not worry about the employer filing the case against the employee for cheque bouncing, simply because there is no consideration for the cheque. Such transactions are void in law.
Another point is that for the current period, from 1st April the format of cheque is changing. All cheques are numbered. The number can show when the cheque was issued and it will be stale after 3 months. Such cheque cannot be forced for recovery.
I wonder, if this really happens. Employer can take a bond, but advanced cheque for 3 years in advance?
Vibhakar Ramtirthkar.
From India, Pune
Moral of the story ?
If you are forced to give undated cheques, first thing to do is go to your bank and issue stop payment orders against it .... Pure and simple.
Then if the company does bank the cheques, it will not be considered as criminal offence. The date of stop,payment will also show how old the cheques are. Which will help in case they do file a case
From India, Mumbai
If you are forced to give undated cheques, first thing to do is go to your bank and issue stop payment orders against it .... Pure and simple.
Then if the company does bank the cheques, it will not be considered as criminal offence. The date of stop,payment will also show how old the cheques are. Which will help in case they do file a case
From India, Mumbai
I had resigned in the month of April 2012. Company sent a notice on 30 April to serve the notice period or deposit 3 month salary. I requested to withdraw the resignation. But Company sent the same again. then I ask to please allow me to serve the notice period. But they demanded the money and deposited my cheque in the bank and It was returned/bounced. In June 2012 company served a legal notice for cheque bounce. I replied in July 2012. Now I got summon from Court under sec 138.
Three month notice mentioned in Appointment letter.
Please suggest
From India, Delhi
Three month notice mentioned in Appointment letter.
Please suggest
From India, Delhi
Reason of resignation was illness.[IBS] It is a Digestiv Problem. There was no condition of submitting an undated cheque. But it was held by them as security purpose. Either I had to fill an format duly signed by Two Gaurantor or submit an undated cheque of 3 months salary. This is not mentioned in appoitment letter. When I askex them to allow me to serve the notice period they demanded three months salary from me and withour informing me presented my cheque in the bank.
From India, Delhi
From India, Delhi
The company held my appointment letter and asked me to give an undated cheque(three months salary). They gave my appointment letter only after submitting an undated cheque to them. And this cheque was taken from me as an security. This company is located in Okhla Ph-2,New Delhi. And deals in Mobile payment services. I request to all the viewers that don't give any cheque to employer. In my case, I am still fighting with the employer for last 3 years in Delhi court. Employer had deposited my cheque without prior informing me. That cheque bounced. Employer had filed a case agst me. I am the suffer even though I have no legal liability due to Company. Can someone from same company come forward to help me in this regard my nos is 9716944990.
From India, Delhi
From India, Delhi
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Enforcement of negative covenants in employment terms.pdf