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Police verification

(Querist) 10 March 2017 This query is : Resolved 
Respected experts,
Recently I have joined government job and my police verification is yet to be done. Before this government job, I was working in a private company and I left that job without serving notice period. I sent them resignation through mail and joined government job but did not serve the notice period. Now this company is saying that they fill a legal case against me. I want to know if the company files a legal case against me, can it have negative impact on my police verification. Is there any possibility that my police verification could get failed due to this case. I am very depressed. Please help.
Thanks
Sudhir Kumar, Advocate (Expert) 11 March 2017
what type of case they are threatening

criminal?
Kumar Doab (Expert) 11 March 2017
Saying, asking, telling are all verbal mode and are difficult to establish.

What is the case to be filed or filed?

Share full facts and details.

Kumar Doab (Expert) 11 March 2017
Has employer communicated anything in writing?
Rajendra K Goyal (Expert) 11 March 2017
What is the contents / source / method of threat?

If they claim the bond amount / amount in lieu of notice period not served, this may not effect your appointment. This is civil case.
ADV-JEEVAN PATIL, MUMBAI (Expert) 11 March 2017
Unless notice was required to be given as per term of service of yr previous organization, nothing will happen to u. If so, pay off notice period amount n settle if u so fear. I think they will not dare to issue notice to govt office. Hope u feel relieved
ADV-JEEVAN PATIL, MUMBAI (Expert) 11 March 2017
Contd....Police verification of from yr will not affect.
Adv. Yogen Kakade (Expert) 12 March 2017
I agree with the experts.
Pankaj (Querist) 12 March 2017
Thanks for your advice respected experts
Nothing has been given in written, I got a call from HR that I need to pay them one month salary. But I went through my appointment letter and found that yes it was written that I need to give 30 days notice but it was nowhere written that if I will not serve the notice period then I need to pay them one month salary. HR told me that if I will not pay them, then they will file legal case against me for recovery of one month salary. My job was not high level job, it was just an executive level job and I was not on the payrolls of the company, i was on third party payroll. Please advice what to do.
Kumar Doab (Expert) 12 March 2017
While posting such queries employee should post basic information!
What is this establishment (that issued appointment leter and employed the employee); Commercial, Industrial?
What is its nature of business say; IT, Banking?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Does company have an office at your location?
Since how many months you are working?
Is your employment confirmed or are you under Probation Period?
What is your monthly salary and break up?
Are you ( or all affected employees) united and member of employee's/trade unions?
Has employer been issuing salary slips of each month, Form16, PF number PF a/c slips, ESIC card?

Have you resigned? If yes: What is submitted by you: Notice of resignation or resignation with immediate effect?

Do you have copy of it and its acknowledgment by employer, its proof of dispatch and delivery by you?
Did you mention notice period/LWD in it?
Has any appointment letter been issued to you?

What is the notice period tendered by you and applicable to you as per appointment letter? Has employer mentioned rate of notice pay in appointment letter e.g; basic,Gross,CTC…?

Are you member of any employee’s/trade unions?


Kumar Doab (Expert) 12 March 2017
You have posted that:


“I was working in a private company and I left that job without serving notice period………………….Nothing has been given in written, I got a call from HR that I need to pay them one month salary……………….I was not on the payrolls of the company, i was on third party payroll.”



Which establishment has employed you and issued appointment letter: The private company whose HR person called you or this party payroll company?




If you are covered by various enactments then these enactments shall decide applicability of notice period and notice pay and rate of notice pay in your case.



If as per enactments you are covered then these shall prevail upon appointment letter issued by anyone: Private Company or third party payroll.....



If as per enactments notice period of 30 days does not apply in your case then the company whichever it is may not succeed to recover from you.


if it does apply ( as per enactments) then you may ask the establishment to supply you the correct FnF statement showing payables by both employer and employee and net amount payable by either party and pay it.




In the meantime you can also prepare FnF statement as per your calculation.
Sudhir Kumar, Advocate (Expert) 12 March 2017
i AM NOT ABLE TO AGREE OR DISAGREE WITH ANY OF ABOVE VIEWS EXPRESSED UNLESS THE AUTHOR REPLIES


what type of case they are threatening

criminal?
Kumar Doab (Expert) 12 March 2017
If the establishment, employer, employee are covered by applicable enactments then the enactments shall prevail upon any private agreement drafted by employer and signed with employee.



If the enactments provide for notice period, notice pay, rate of notice pay then employee and employer both should are are ought to comply.




Assuming that employee (you) is covered by such enactments and liable to tender notice pay then preferably employee should try and get FnF statement and pay FnF amount if any payable by him/her and get all other documents for future record.



FnF settlement is obligation of both employer and employee.


Both should comply.



You may respond to the points, pointwise.









Guest (Expert) 12 March 2017
Vague query!

As per your own statement, no problem persists for the present.

No prediction can work, as only the nature of the case, if filed, can tell whether that can affect police verification or not.

However, if prediction is preferred, you can consult an astrologer for your mental satisfaction.
Guest (Expert) 12 March 2017
Agreed with Senior Advocate/Senior Expert Mr.P.S.Dhingra
Guest (Expert) 12 March 2017
Dear NJS Rajkumar,

Thanks for agreeing with me.
Guest (Expert) 12 March 2017
Seniors are always Seniors and they Know the real facts and it is a God's Blessing to have you with us Sir
Kumar Doab (Expert) 13 March 2017
@PSD,


You are out to litter your trademark nuisance in another thread today.


It is: Not all a vague query.


The author is an employee. The employee has a problem and has posted a problem.



The query is raised by author/querist of LCI at plateform of LCI.


You have incurred NO Expense on it.


If you have NO reply, so you can remain tightened in your private fiefdom, and don’t reply.



Kumar Doab (Expert) 13 March 2017
The process has started by designated HR person since you have not served notice period.


You have to shell out money from your pocket that is one problem posted by you.
The HR person/company has threatened you with legal case that is another problem posted by you.



You have posted that:


“I got a call from HR that I need to pay them one month salary”
Thus HR has already determined liquidated damages equal to notice pay, since you have not served notice period.



If notice pay is not mentioned in appointment letter then: Why should you as an employee give more opportunity to employer to claim liquidated damages (or any loss i.e. more than notice pay), since you have not served notice period.



Then comes question of notice period of 30 days being applicable in your case.
In case you are at the location that has been discussed then the applicability of notice period, notice pay and rate of notice pay is already made known to you, BY PM.


In case you want to know for some other location then communicate.


You may request to supply the documents as posted for future use.



You can also prepare your own FnF statement in consultation with elders of your family/competent and experienced well wishers, employee’s/trade union leaders, your own counsel specializing in Labor/service matter at your own location, and if there is any amount payable you may attach the cheque favoring employer (Name as on appointment letter/salary slip) and send by Redg. Post and ask to send the acknowledgment.




Close the matter.
Guest (Expert) 13 March 2017
Fake identity holder Mr. Doab alias two rivers of Punjab (Satluj & Beas), alias Dooba,

Your posts are like 'murda bolle, kafan phaade'. You seemed to have lost all the senses. You have at several times been advised, when you don't know ABC of service laws & rules, don't try to mislead the querists. BUT, as of your urge and bad habit of unnecessarily posting multiple vague posts, you don's desist from misguiding the querists.

By making 5 vague posts, YOU HAVE PROVED YOURSELF TO HAVE REALLY GONE BERSERK. YOU DON'T HAVE EVEN COMMONSENSE TO UNDERSTAND THE BASIC QUESTION OF THE QUERIST, WHAT HE ASKED AND WHAT YOU REPLIED.

HIS QUESTION IS ABOUT POLICE VERIFICATION FOR JOINING GOVERNMENT JOB, as he asked, "is there any possibility that my police verification could get failed due to this case," BUT YOU HAVE IDIOTICALLY RENDERED A VERY INSENSIBLE AND TOTALLY WRONG ADVICE ABOUT HIS RESIGNATION NOTICE PAY, preparation of f&f statement, liquidated damages to his past employer company, sending cheque to the employer company by registered post, etc.

YOUR ADVICE IS LIKE, as if a patient asked for medicine and a doctor advises him to immolate himself or to make suicide by jumping from the roof.

With your 5 posts, you have exposed yourself only that you are really a duffer. However, I wish, may God bless you at least with a bit of commonsense, if not wisdom.

Mr. Dooba, you really need to consult a psychiatrist or get admitted to some mental hospital.

By the way, WHY YOU ARE AFRAID OF POSTING YOUR REAL IDENTITY WITH REAL NAME, PHOTO, AND LOCATION IN YOUR PROFILE AT LCI?
Guest (Expert) 13 March 2017
Insulting A Senior Expert/Senior Advocate Kumar Doab Post your Identity
Sudhir Kumar, Advocate (Expert) 13 March 2017
I am not able to agree with Mr Kumar Doab.

For saying so I need not use disrespectful language for Mr Kumar Doab.

the query is certainly and clearly vague as the person just cannot clarify what type of case the company is planning/threatening to file.

At least I cannot respond without this information.



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