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Chandan Tyagi (Lawyer)     20 January 2023

Employment absconding case

Hi
I have a query.


In my office, many employes left the company on 9 th every month after taking salary and without serving notice period (absconding case).

no to stop this. company asked us to give a cancelled cheque of rs 100000 and behind that cheque, we have writter "for legal purpose."

Now, my question is, can we leave the company without serving notice period of 30 days. 

will there is any legal issue or can company can start a case to claim any training cost or anything else.

there is no document about this cheque signed by me or company and this scenerio is also not mentioned in offer letter.

Thanks



Learning

 7 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 January 2023

1. Action for serving notice period.

Generally compensation for not serving the notice period is an amount equal to the salary of the notice period. But it is difficult to enforce it.

2. Cancelled cheque:

A cancelled cheque has no value. 

If the employee has executed a bond of service in lieu any training or other benefits, the employer can require the employee to pay the amount. Sometimes the employee is required to take an insurance policy for the bond of service. In such cases the employer can claim the amount from the insurer. The insurer in turn can claim the amount from the ex-employee.

Sudhir Kumar, Advocate (Advocate)     27 January 2023

why they are demanding cheque.             

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 January 2023

Only those who demanded the cancelled cheque would know. A cancelled cheque has no value and it cannot be used under NI:138. 

Chandan Tyagi (Lawyer)     28 January 2023

Dear Sir,

Thanks For your reply.

due to the increase in absconding case in company, so company lawyer asked us to submit a 1 lakh (cancelled) and write - "for legal purpose" behind the cheque.
now the company says either pay 1 lakh amount or serve 20 days.

Just want to know whether they can start any civil case using "for legal purpose" words writter behind or this is just to stop absconding cases.

Thanks

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 January 2023

Is there a supporting bond of service or any other document that you have executed with the company. Have you signed on the back of the cheque also?

Chandan Tyagi (Lawyer)     28 January 2023

there are no supporting document signed along with the cheque.
there are no sign on the abck of cheque. just wtitten - ""for legal purpose.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 January 2023

Nothing can be done with the cheque. The cheque is useless. It is only to scare you. On a cancelled cheque much later also the employer or his lawyer can write for legal purpose much later even. Will it change the status of the cheque? Not at all. You do not write anything behind the cheque. Let the lawyer or the employer write anything that they want. Have a good sleep.


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