Resigned from job - laptop not returned due to unpaid salary


Recently I have resigned from a contract type job which i have served for 3 weeks. I have resigned as per policy by giving 1 month notice. Company has terminated my employment immediately after 2 days abruptly and did not allow me to serve a notice period.

They have not made my fnf settlement. I still have their clients Laptop.

I am sure that company is not going to pay me anything for my short tenure however it is a mnetory loss for me as i have informed joining date to my future employer accordingly considering Notice period.

Company is asking to courier Laptop back to client however I am sure that after I return Laptop, my topic will be closed and none of my emails will be answered.

I have replied to their Laptop demand by saying that I have no personal interest in client Laptop and it is ready to dispatch provided my payment is done.

Company is threatening me that client will take legal action and blacklist me as well. What should I do? 

 
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Retired Manager

I can understand your problem.  However, one wrongdoing cannot be corrected with another wrongdoing. Of course, it is completely wrong on the part of the Company to threaten without specifically answering your query regarding the payment of the amount for your services of 3 weeks.  However, please verify your service contract whether there is any minimum service to be put in to earn the salary for which you have knowingly or unknowingly signed.

 

As against your three-week salary and the cost of the laptop you stand to gain I suppose. However, the laptop does not belong to your Employer even the laptop belongs to the client of your ex-employer. It may be a good ploy to arm-twist the ex-employer but in the eyes of the law, it is not correct. Therefore, you may consult their HR in person and settle the matter amicably to avoid being blacklisted.

 
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ha21@rediffmail.com Mumbai : 9820174108

1. By holding on to Co. Client's Laptop /Property and refusing to return would amount to Criminal prosecution on you, irrespective of any pending dues of whatever kind.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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Retired employee.

An organization is not that one may and one may go as he please, as the employer has to give an appointment after a laid down process of recruitment and has to spend huge amounts to find an alternative to cope with the workload, which is planned.  Many employers recruit fewer persons than actually the work demands hoping that contract employees turnover can be more through extended working hours.  But abrupt leaving and then saying of a notice period after just one month notice is not proper.  When compared with their future requirements to find a substitute, your salary may be much less.

By not returning the laptop you are staking a laptop, as they may find your future employer and intimate about you.

Avoid frictions while taking a new job, and like a decent employee, return the LAP TOP before the issue becomes more complicated.


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learning

Hi Anand,

Let me reply you point to point based on my knowkedge. But please contact a local lawyer before proceeding/ taking any action.

1) Recently I have resigned from a contract type job which i have served for 3 weeks. I have resigned as per policy by giving 1 month notice. Company has terminated my employment immediately after 2 days abruptly and did not allow me to serve a notice period. They have not made my fnf settlement.----------------------------First of all you were on a contract type job that means your payroll is with the third party who has hired you on contract basis for this company. So please speak to that third party hiring agency with whom your payroll is. Also, as per my knowledge this notice period / terms conditions fully are always with a regular employee of any employer. Please check whether contract employee also has to go through this equal tenure of notice period same as regular employee. Kindly go through completely word by word your contract and offer letter with hiring agency.

2) I still have their clients Laptop. I am sure that company is not going to pay me anything for my short tenure however it is a mnetory loss for me as i have informed joining date to my future employer accordingly considering Notice period. Company is asking to courier Laptop back to client however I am sure that after I return Laptop, my topic will be closed and none of my emails will be answered. I have replied to their Laptop demand by saying that I have no personal interest in client Laptop and it is ready to dispatch provided my payment is done. Company is threatening me that client will take legal action and blacklist me as well. What should I do? -----------------------------------------------------------------Again, the laptop is of client. So if you know when you work for a client there are some VPN concept which is virtual private network which is very secure thing. So when your employee id is created for that client , you always sign some terms condition with client as well where you tick check box of i agree... Please read that completely. It mostly says that you will not disclose anything and you will return all assets on leaving. So, whatever fight you are having is not with your client, for them you will anytime be declared absconding and your second employer will also has to be answerable for this conduct and further this second employer may take action against you if nothing is there in offer letter. 

I would suggest talk to your hiring agency, your losses, and morever 3 weeks monetory loss would not be much until/unless you are earning  more than 10 lacks per annum. Definetly dont forget to get the releiving /work experience letter/ payslips. Final option is after verification if everything is in your favour send a notice to legal/hr department with a local lawyer mentioning your losses with a copy of a offer letter of terms and to initate a legal case if they dont abide to their terms and aggrement, But at any case please return the lapltop and dont risk your future carrer.

Please like if satisfied with answer


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Labour Law Advocate

There are two issues:

1. Your services was illegally terminated after you resigned and agreed to serve the notice period of one month and your full and final settlement is still pending. For such act of the employer you have every right to send legal notice and demand the salary through appropriate forum.

2. You are still in possession of your client's laptop which is illegal and not related to issue #1. Hence, your employer has rightly demanded the same and even may start criminal proceedings against you. 

However, you are very right to anticipate that if you refund the laptop, the company may never pay your full and final settlement. You need to carefully draft your reply to the demand of the company. A strong strategy and tactics need to be adopted without violating any provisions of law.   

 
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Dy Director

non payment of salary is a civil matter

 

your action is a criminal offence.

 
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I have requested them to send me email by confirming the amount that is due after i submit Laptop.

Also asked them to arrange pick up of Laptop asap.

 
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Advocate

You are trying for a unhealthy bargain which would only lead to forfeiting whatever little advantage you have.

 
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Lawyer

Terms and conditions of service must have been settled with your employer i.e., contractor, what is agreed ?

It would be advisable to consult and engage a local prudent lawyer practicing service matters for appreciation of facts/ documents, professional guidance and necessary proceeding.

 
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