NI Act related query
Rameshwar Prassd
(Querist) 31 July 2017
This query is : Resolved
One legal problem.
Employer takes undated signed cheques from employee while giving the appiontmet .later on when employee leaves he fills the date amount in liue of notice pay and present in the bank and get bounced and after that filed the case in NI act under sec 138 and recovered the amount as desired by the employer.
My question is to wheather it is correct legally.
What is the protection of employee's.because of unemployment problems person gives the cheque and take job for bread and butter.
Secondly now a days this is become regular trend of employer .
How to get rid of this.
Could any one bring this problems to the finance ministry for relaxing NI act specifically where the employer and employee relations exists.
Requests all professional if they know some decided case in favour of employee ,pls let me know.
Thanks
krishna mohan
(Expert) 04 August 2017
Notice period dues can be recovered legally and not through PD cheque as employer bound to misuse. Indemnity bond is normally obtained with surety also. You can complain the Labour Commissioner as the practice appears to be unlawful.
