Require urgent help please
sonal
(Querist) 10 March 2014
This query is : Resolved
hi guest
i want to know that my employee went absconding and i got to know that he joined our compititor.
can i file recovery suit as we hv terms conditions to gv notice period of 2 months which he di not follow?
can we file case on this?
what can we do he joined our compititor when he was absconding?
he also gva notice to gv him P.F but our company dnt gv it employees.we ask if thy want..at that tiem he didnt take and now he is asking..what can v do? he saying he will file a case on this point?
please help guest,i will be obliged..thanksss
Devajyoti Barman
(Expert) 10 March 2014
Di your job contract contain non-compete clause?
It needs to be looked into before replying this query.
Raj Kumar Makkad
(Expert) 10 March 2014
You can definitely file a civil suit for recovery of dues/notice pay as well as for the recovery of the relevant record under his possession, if any apart from taking criminal action.
Guest
(Expert) 10 March 2014
You can claim only notice period pay from the employee, if nom-competitive clause was not there in his terms of employment.
About PF, you cannot withhold his PF dues. He can even claim directly from the PF office by sending application duly attensted by his banker.
Rajendra K Goyal
(Expert) 11 March 2014
Send notice for payment of notice pay, return company belonging and regarding joining of competitors if such clause existed in appointment letter. In case of no action, file suit. Contact a local lawyer.
sonal
(Querist) 11 March 2014
guest thanks for info.please tel sec 27 says post employment is barred..in appointment leter is mention he cant join compititor within 2 yrs.can v hv any remedy? compitition comiission of india lays penalty on employer on post employment also..wht to do?
thankss
sonal
(Querist) 11 March 2014
dhingra sir at time of joining he says dont want p.F. now can he claim or not? any judgement? thanksss
Guest
(Expert) 11 March 2014
Hi Sonal,
in fact your information is not complete, either in your initial query or your supplementary queries. You should not keep the experts in guessing position whether your employee was eligible for the PF as per the EPF Act and rules, whether you opened his PF account, whether you made employer's contribution in to his account or not, section 27 of which Act you refer, etc.
Further, you should not have expected that the experts would like to waste hours together in search of some particular judgment to fit in your organisation's case on charity basis that too when your brief of the problem is not up to the mark.
Please be aware advice on partial facts cannot serve your purpose, except confusing you, as the experts can give varied opinions based on their individual assumptions in the absence of the full facts of the case. I feel you need to hire services of some expert and provide him complete details to help you solve your problem.
T. Kalaiselvan, Advocate
(Expert) 12 March 2014
A good piece of advise by Mr. Dingra to the author. The author should realize atleast now about how to approach such portals and what is the exact problem that need to be answered.
