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I worked in a company for 2 months and took a long leave due to personal reasons with an intimation to the company. However, now the company has asked me to be relieved and to submit the company laptop. When I asked about my salary, they haven't mentioned it yet. Currently, the company website is closed with a statement indicating a business shutdown. Despite this, they are insisting that I return the laptop. I have never signed any document regarding the handling of the company laptop. What should I do now? They have threatened legal action against me. I would appreciate any suggestions you can provide.
From India, Chennai
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nathrao
3251

You want salary of which period? Whether you signed receipt for laptop are you holding it? So question of signing or not signing does not arise>
From India, Pune
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I want salary for the period from mid of January and February total of 29 Working days. No I didn’t signed any receipts for laptop.
From India, Chennai
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nathrao
3251

To make your query clear:

When did you join?
When did you leave?
How many days of leave did you take?
What were the terms and conditions of your offer letter regarding the exit from the company?

You cannot retain the laptop of the company whether you signed for it or not. The company has to pay for the period you worked. But since the company has closed down, there is no remedy easily available.

From India, Pune
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Out of 59 days, you were on leave for 30 days, i.e., 1 month. Have you obtained prior written approval before proceeding for leave, or have you just absconded from duty? Please mention the details of employment and how you have communicated for separation.

It is not right to hold the company's laptop. In most organizations, after receiving all clearance/NOC, they process for full and final.

From India, Bhubaneswar
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Thank you for the suggestions.

I joined on 27th November 2017. Since it is a small company, there is no procedure for taking leave. I informed them through a phone call, and they accepted it. The work is mostly field-based in the North East region while the company is located in Chennai. In January, I took 12 days of leave and worked 10 days in February. The salary amount is very low, only 12k, and I am holding a laptop worth 15k. I have already requested them that once the salary is credited, I will submit the laptop immediately. Our company is very small, operating like a startup, and I do not trust whether they will pay me or not. Furthermore, their website displays a message indicating a business shutdown, which is concerning.

From India, Chennai
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KK!HR
1656

Since you agree that the laptop belongs to the company and you are ready to return it, your only apprehension is that once you return the laptop, they may not pay you. This concern is heightened by the fact that the unit is now closed down, and importantly, you do not trust them. Please speak to them and try to settle the matter through a simultaneous exchange of the laptop and your salary. You can seek the assistance of someone you trust to facilitate this process. However, before proceeding, ensure you have a clear understanding of the amount owed to you. Given that you took a significant amount of leave during your 3-4 month tenure, clarify whether this leave was paid. Be aware that the company has the option to take legal action against you, including prosecution proceedings for the recovery of their property. The lack of receipts from your end may complicate matters and potentially lead to harassment in the interim.
From India, Mumbai
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Dear colleague,

You are willing to return the laptop provided they settle your dues. Good! You write to them about this and inform that the give and take is simultaneous. Wait for their reply. If they agree, fine. Or else don't return the laptop and keep quiet.

Regards,
Vinayak Nagarkar
HR Consultant

From India, Mumbai
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Dear Nagarkar Sir,

Your suggestion seems good, but what if his employer lodges a police complaint/FIR against him? He has just started his career, and it may adversely affect his professional growth.

We only know one side of the story. The individual in question was on a long leave (with some frequent absences as well), and within a two-month period, he has not even worked for 30 days. We are unaware of whether these absences were authorized or not, nor do we know the terms of his employment or the actual amount payable from the employer's point of view.

Please advise on whether he can visit the nearest labor office to amicably resolve the issue.

Thank you.

From India, Bhubaneswar
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Dear friend, My suggestion is to return the laptop in exchange of settlement of dues. The fear of police case comes if there is refusal to return it at all. Regards, Vinayak Nagarkar HR-Consultant
From India, Mumbai
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