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Neeraj Paul   30 December 2017

Employer holding the salary and threatening for Money recov

I have worked for 1.5years with the company. And from last one month company have raised issue regarding non adherence of SOP and inventory loss. I was verbally advise by my Senior Manager to give resign on immediate basis and pay the loss.i refuse to pay the loss and directly gave the resignation on Email. Company now is giving me threatening call that they will holding my salary and resignation acceptance till the time I will pay a big amount. And also givinge threatening warning of Police complaint and legal notice. Please suggest what i can do.


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 5 Replies

R.Ramachandran (Advocate)     30 December 2017

You will not be able to do anything now till such time they act either by giving police complaint or lodge any case against you. It is another matter, whether you want to meet them in person, discuss things and sort out, if there are any issues. 

Neeraj Paul   30 December 2017

Can I send legal notice to demand acceptance and my hold salary?. And what measure i can take if they lodge police complaint.

Kumar Doab (FIN)     30 December 2017

Record all calls and build some evidence on threats and demand of resignation.

Have you caused any loss?

Has the company or IT’s personnel in say Line Management given any communication in writing to you on said variances and said loss and to pay the said big amount?

Have you resigned with immediate effect or tendered notice of resignation by email?

Is it mentioned in any document issued to you e.g; offer letter/appointment letter/service rules etc that resignation by employee by email can be tendered and/or accepted by email by employer?

Does establishment issues acceptance of resignation by email?

If you wish you may supply copy of resignation by letter BY Redg. Post and mention that same has been tendered by email dated………!

Kumar Doab (FIN)     30 December 2017

The verbal demand of resignation and big amount on alleged loss is to deny any opportunity of hearing and natural justice, inquiry, and extract monies without any trial……………

Wonderful things are anticipated to happen within premises of unscrupulous establishments, employers, by employers and their Attorney’s  in Line Management/HR/Admin/Personnel/Accounts/Legal cells ……………

Have they not asked to sign apology admitting all (verbal) charges, and even ask for MERCY?

Such entities may even ask for sign apology admitting all (verbal) charges, and even ask for MERCY?

Kumar Doab (FIN)     30 December 2017

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

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? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

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

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 


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