Case of absconding and legal action
mail4aamit
(Querist) 26 August 2015
This query is : Resolved
can someone help me on these. i was on international assignment for almost last 3 month and recently back to India(my base location) .during my onsite assignment my client offer me job opportunity at their location so as these is being good opportunity for me so i have accepted it and when i back to India i straight-way resigned from my current company.
Now my company offered me that at least stay with us and not ready to leave me as saying there was our policy u can't leave company till next 6 month otherwise u have to payback cost of investment and other allowances charges .
so i read my policy and that they clearly mentioned that 1.cost of investment(minimum charges on visas) and other allowances only. as per these-policy i have to pay only those amount for which company-made any investment for me but my company said to me pay all money including my daily allowances as well.i stayed over there for 80 days and i totally earned 3 lakh rupee & they given me estimation of rupee 4.13lakh plus 3 month notice period salary(basic+hr) so total i have to pay apx. equals to 4.40lakh .i don't know why they asking to pay all my UK salary .these is first time i hearing that employer asking salary back from employee . "i was there to represent my company i wasn't there for personal trip".and they said will not providing any experience letter until u will not make payment.
so as i don't have any option left for me to pay such big amount so i left company very unfortunately.after working honestly more than 3 year these is how they treated me at the end .i chased many times to my boss and manager but didn't received any positive from them.
after a week only i joined the client company and recently they got to know about me so they sent me the legal action notice email.
so I'm worried now what legal action means ? & what action they can take on me?
is there is any law that mentioned if we break any policy then have to pay all money including salary as well?.
i don't want to be jobless ,i have lots of dependency over me ,can someone please help me on these it will be really appreciated sir/madam.
i have added policy file with these message please find attached file of policy
some issue with website not allowing to attach document. no issues please find below content of policy
"in case employee has travelled on onsite assignment,in the event of breach(both voluntary and involuntary resignation would be considered as breach)of employment by the employee in less than 6 month from the date of return to base location,company will entitled to recover the cost of investment. involuntary resignation would include the non performance ,fraud etc. The investment cost would minimum be the expenses incurred on visa and travel
Guest
(Expert) 26 August 2015
Depends upon the contents and language of the policy and/or agreement/bond signed by you in connection with your assignment. All the case related papers including the terms & conditions of your appointment are required to be gone through and analysed before arriving at some conclusive opinion.
No document is found attached with your message.
Kumar Doab
(Expert) 26 August 2015
Did you consult elders in the family, competent and experienced well wishers, employee’s/trade unions leaders, Labor Law Consultant/service Matters lawyer/Law firm before accepting such good for nothing offer!
Are you a member of employee’s/trade unions?
Service Certificate has to be issued to all employees, without any condition!
Salary/allowances/arrears etc once paid can not be taken back.
You have again and again used words like said, saying……………………….These are all verbal transactions and are not on record.
Boss/Manager are not your employer…………………..are they?
Did you write to good offices of appointing authority, MD,Chairman, drawing their attention to their own policy?
90 days notice period may not necessarily be applicable to you!
Do you have copy of the agreement you signed before moving to US?
Do you have copies of any other clause/agreement that you have signed e.g. Non Compete etc?
You may show job advt, job application, interview call letter, offer letter, appointment letter, any rule/policy mentioned in appointment letter e.g. HR policy/service rules/employee handbook etc, Agreement signed for Visa, Non Compete clause etc to your able counsels.
The Labor Law Consultant/Service Matters lawyer/Law Firm that has examined all docs on record can advise you the best.
mail4aamit
(Querist) 26 August 2015
Hello Kumar Doab, Well i have not signed any such bond or policy that mentioned to payback your salary. they have only following clause in the separation policy .
"""in case employee has travelled on onsite assignment,in the event of breach(both voluntary and involuntary resignation would be considered as breach)of employment by the employee in less than 6 month from the date of return to base location,company will entitled to recover the cost of investment. involuntary resignation would include the non performance ,fraud etc. The investment cost would minimum be the expenses incurred on visa and travel""
Kumar Doab
(Expert) 26 August 2015
You have posted that:
"company will entitled to recover the cost of investment.................The investment cost would minimum be the expenses incurred on visa and travel"
Implied meaning should exclude allowances!
mail4aamit
(Querist) 26 August 2015
Thank you KumarDoab for your quick reply and guidance .
please let me know if i need to do any further action on if if i receive the legal notice or just let it go simply by ignoring it.
Kumar Doab
(Expert) 26 August 2015
You have not replied to all points.
You should not ignore the legal notice.
It is reiterated that you may show job advt, job application, interview call letter, offer letter, appointment letter, any rule/policy mentioned in appointment letter e.g. HR policy/service rules/employee handbook etc, Agreement signed for Visa, Non Compete clause/agreement, any other clause/agreement that you have signed,demand notice and acknowledgment of payment of Rs. 4.13lakh plus 3 month notice period salary(basic+hr), legal notice etc to your counsels.
The Labor Law Consultant/Service Matters lawyer/Law Firm that has examined all docs on record can advise you the best.
Rajendra K Goyal
(Expert) 27 August 2015
You can not check the company for going to court.
If company goes to court, consult local lawyer dealing in service matters and defend their claim. Your lawyer would look after your interest.
If notice received, reply through your lawyer and deny the charges / claim.
