Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Harmful to ex-employee by company

(Querist) 08 October 2015 This query is : Resolved 
Hi Sirs,

Kindly clarify me the below.

1) Whether company can sue ex-employee on theft/stealing the documents while in service or on any other ground even after issuing the relieving letter from the company?

2) whether ex-employee can sue to company on grounds of harrassment, high work pressure, etc even after receiving the reliving letter from company.

3) if yes to 2nd qstn, what is the time limit to sue to company?

4) During exit interview, company has taken a bond from me that for next 12 months i should not be sharing the information of the company to anyone based on my role.
4 a) Is this valid. If yes, my company has not paid the minimum wages to many of employees. will the disclose of those documents to labour dept or to court, will it be harmful to me and whether company can sue me for breaking the agreement? or after 12 months can I disclose the information?

5) What is time limit to sue to company by an ex-employee & vise versa?
Sudhir Kumar, Advocate (Expert) 09 October 2015
Please state the actual problem instead of setting question paper
Anirudh (Expert) 09 October 2015
1) YES.

2) NO.

3) DOES NOT ARISE IN VIEW OF REPLY TO QUESTION 2.


4 a) YES, VALID.

No. disclosing to labour dept or to court, is not covered under 4(a). Therefore the 12 month limitation will not apply to those information.

5) It depends upon the cause of action and relief that is being claimed.
Guest (Expert) 09 October 2015
Well Justified by Expert Mr.Sudhir Kumar
malipeddi jaggarao (Expert) 09 October 2015
It appears you want to take revenge against your old company and this will not be in good taste. My sincere advice is forget and forgive. Do not trouble the trouble until the trouble troubles you. As regards specific answers I agree with the answers o Expert Mr.Anirudh.
P. Venu (Expert) 09 October 2015
Please state your real problem, if any.
Rajendra K Goyal (Expert) 09 October 2015
Agree with the advise from expert Anirudh.
Yogini (Querist) 09 October 2015
Dear Experts, Thank you. OK, Let me tell you what happened.

The company had entity one is software & other one is BPO.

I was given offer letter of software company in finance dept. Since finance dept was centralised, I was also given to handle the payroll BPO entity also. It was a tremendous pressure. I is to work till 11pm every day from morning 10am. Some times it may by 12 mid night. My manager has not supported me & he is to scold me every day. I worked like this for almost 3 years & set the process. Recently there was a family problem because of coming late & not giving important to family. It went upto divorce. So I resigned. Next day my manager has informed to entire floor that 'I am leaving & there is no gossip'. This means he had an intention to spread as the company is terminating me. Some how I managed. But now I am not getting a job & i am in home from past 6 months. Now I want to teach a lesson to them.
1) Now i want to claim the salary of working for BPO also along with Overtime & food expense. Is it possible.
2) Company has not complied with minimum wages act for most of employees of BPO

Kindly tell me all the possible ways to claim money from company & file a suit against company.
Kumar Doab (Expert) 09 October 2015
The offer letter is given after selection to make offer of employment/job.


Subsequently appointment letter is issued upon joining.


What is issued to you offer letter or appointment letter or both?



Does standing orders (certified/model) apply to the establishment that issued offer letter ( or appointment letter or both) to you.......................and also to your designation?



Do you have record to establish that you were asked to work from 10am to 11pm everyday............to stake a claim to OT?


OT should be paid alongwith earned monthly wages!


Employee should claim OT in reasonable time.



The agreement that you signed is on the letterhead of Software company or BPO.



The agreement that you signed may be......................again may be violative of standing orders.



It might be a Non Disclosure/Confidentiality agreement........................and company may claim that you in your role has sensitive information.................and you signed the agreement by your free will.



The agreement that you signed, OT, Min. Wages are altogether different issues.


The software and BPO are covered by Shops and Estbas Act of the state and standing orders.



OT,Cap on OT hours are all explained in the Act.

The company has to maintain and submit attendance record,OT hours etc, OT/Wages paid in various registers prescribed under Shops and Estbas Rules....................and falsification of record is an offense.................




You may patiently relate everything that you have with provisions of the enactments applicable to the establishment and find out the merits..................


You may discuss in person with employee's/trade unions leaders (software/BPO companies also have it and trade unions have embraced and are willing to embrace)....................and an Labor Law Consultant.............before you proceed on your own...........
K.S.Srinivas (Expert) 13 October 2015
Agreed with Sri Kumar Doab.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :