I had joined one Pvt. Ltd company in Jan 2012. The employer, that time, till today did neither sign any employment contract nor gave me even official appointment letter. I was handling the operations of the company since that day. Every payment to any party has been done through cheque or RTGS which is signed by the director. On 20th of this Feb, I in front of the director, I resigned my job orally, due to dirty politics played by our C A and few accounts department members. On 22 nod Jan , accounts team sent a debtor list to management, in which my name had not been mentioned as I did not have any advances or any due with the company. Latter on the CA made some changes in the accounts and now showing around 5 lac dues to me. Couple of times the management gave me incentives through cheques. Now they people are saying that, with trust, the directors had given signed blank cheques to me for operations, and I took undue advantage of that and transferred company funds to my own account, where never in past they have handed over a single cheque to me. Always the cheques are with the accounts department only. Again they are showing advances taken by me in tally, but again not a single advance voucher with my sign is there.
I have never signed a single advance voucher or any paper related to any payments made to any party, as that was the accounts department responsibility.
The organisation not yet deposited PF of a single employee, they have not yet paid the service tax to government since last 3 years. There are around 40 employees without any employment contract or joining letter, and not a single norm they are following as per shop and establishment act or labour low. I have all the email communication of those details. They are operating in very unprofessional manner. I can prove all the wrong practices happening there with evidences on paper.
I am aware that, these people deliberately trying to prove me wrong, because now after my resignation they can work as they want to. After the day I resigned I was in contact with directors and few key employees. On 19th. Feb I had sent a sms of my resignation to the director.
Now all these people are saying that I am absconded since 20th Feb and they can not contact me. And threatening to file a criminal case against me for breach of trust and other....... I was in continuous contact with them through telephonic communication from 20th Feb. They are making these allegations without any documentary evidences. Can these people file a legal suite against me? What should I do if so happened? As they are politically very influential.
I am really expecting legal and professional advice from you guys!
Please help me manage the scenario.
From India, Bangalore
I have never signed a single advance voucher or any paper related to any payments made to any party, as that was the accounts department responsibility.
The organisation not yet deposited PF of a single employee, they have not yet paid the service tax to government since last 3 years. There are around 40 employees without any employment contract or joining letter, and not a single norm they are following as per shop and establishment act or labour low. I have all the email communication of those details. They are operating in very unprofessional manner. I can prove all the wrong practices happening there with evidences on paper.
I am aware that, these people deliberately trying to prove me wrong, because now after my resignation they can work as they want to. After the day I resigned I was in contact with directors and few key employees. On 19th. Feb I had sent a sms of my resignation to the director.
Now all these people are saying that I am absconded since 20th Feb and they can not contact me. And threatening to file a criminal case against me for breach of trust and other....... I was in continuous contact with them through telephonic communication from 20th Feb. They are making these allegations without any documentary evidences. Can these people file a legal suite against me? What should I do if so happened? As they are politically very influential.
I am really expecting legal and professional advice from you guys!
Please help me manage the scenario.
From India, Bangalore
Dear Patil
In view of the above submissions my suggestion will be that
1. You should submitted resignation in writing to your superior and he/ she refuses the send the same through Registered AD post.
2. Request them for handing over charge you were holding.
3. Make a list of works you were carrying and status till date of your leaving.
4. Make a request to curtail or remove notice period.
5. Make your self available during working hours for their support within specific time frame.
6. Sit across table to resolve issue(s) amicably.
I do agree that you have not received any appoint letter / contract letter but keep in mind that you received regular salary during your tenure. Legally some of the terms are implied.
Hope this will resolve the issue.
Regards
From India, Chandigarh
13In view of the above submissions my suggestion will be that
1. You should submitted resignation in writing to your superior and he/ she refuses the send the same through Registered AD post.
2. Request them for handing over charge you were holding.
3. Make a list of works you were carrying and status till date of your leaving.
4. Make a request to curtail or remove notice period.
5. Make your self available during working hours for their support within specific time frame.
6. Sit across table to resolve issue(s) amicably.
I do agree that you have not received any appoint letter / contract letter but keep in mind that you received regular salary during your tenure. Legally some of the terms are implied.
Hope this will resolve the issue.
Regards
From India, Chandigarh
The case needs to be dealt with legally.
First of all,there should be a written resignation and a brief of all outstanding points/advances etc.
If all sources of inflow into your bank a/c are identifiable as legitimate transactions their claims of you stealing funds will flop miserably.
Incentive due to you can easily be worked out so question of misusing trust and transferring money does not arise(if all what you say is correct)
Fact of drawing salary monthly basis indicates employment for legal purposes + your daily attendance records in the company.
Non deposit of PF money is a serious offence and if you complain with proof,then directors will be in big trouble.
Points of learned member above are valid and worth acting upon.
The matter is more than 4 years old why now things are being agitated /
From India, Pune
First of all,there should be a written resignation and a brief of all outstanding points/advances etc.
If all sources of inflow into your bank a/c are identifiable as legitimate transactions their claims of you stealing funds will flop miserably.
Incentive due to you can easily be worked out so question of misusing trust and transferring money does not arise(if all what you say is correct)
Fact of drawing salary monthly basis indicates employment for legal purposes + your daily attendance records in the company.
Non deposit of PF money is a serious offence and if you complain with proof,then directors will be in big trouble.
Points of learned member above are valid and worth acting upon.
The matter is more than 4 years old why now things are being agitated /
From India, Pune
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Legal Clarification on Negative Covenants in Employment Agreements.pdf