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Aditya   27 July 2015

Very very urgent

Hi All,

The thing is that I was working with ne company for last 4 years in noida but I have given resign now from my post without giving any notice period infact i gave resign through mail and i told my reporting head that i will not be coming to office from next monday onwards means. now they are calling me day and night and saying to give all the handover to the concerned person but i have joined in different company.

Can you please tell me whether they can take any legal action against me or not as they are threating me to take legal action against me if I dont give my proper handover to them and i resigned from that company in the first week of july. Please help me what should i do... I really need urgent help from you guys.

thanks



Learning

 23 Replies

ADVOCATE DIMPLE JINDAL (Advocate)     27 July 2015

You should give one month prior notice. If there is any material, cash, debtors or other type of property under your charge, then it is your responsibility to give the charge of everything to the succeessor employee. In case of any variation, you will be held responsible.

Aditya   27 July 2015

Dear Sir,

i have joined different company and now I cannot give any notice period to them, yes i do have some belongings of that company which i have told them that i will give it in 2-3 days but they saying that they will take legal action against me and they will ruined my career. Plz suggest what should i do.

Thanks

ADVOCATE DIMPLE JINDAL (Advocate)     27 July 2015

They can do so. You should not joined the new company before releiving from the old one with all noc's.

Aditya   27 July 2015

Dear Sir,

Please advice me what can be done as i do not want to face any legal trouble from them. I am very stressed out because of this and my personal life is also suffering because of this.

Please help please please please help me..

ADVOCATE DIMPLE JINDAL (Advocate)     27 July 2015

Go to your previous owner with clean hands (honestly). Tell him some of your personal problem for shifting in new company. Try to cool down the matter in a positive way, so that they did not try to move for any legal action. If they solve the matter immediately by taking the charge of every assets and compensation of one month salary, then their will be no issue. If they do not agree and convince them to give the charge of every asset in positive way and request them to releive you after one month, they will definately left with no other option of accepting your resign.And then after give them one month notice for resign from the job. 

If you will give notice of leaving the job according to law and you have given the charge of every asset and responsibilty to the company, then no one can compel to you to do the same job. But you must be innocent in the whole story. 

Aditya   27 July 2015

but Sir, to be honest I have done some wrongdoings in that company and this is the reason that I dont want them to know about this... and I am feeling very guilty for this... I cry day and night feel very insecure about this thing. I know i am wrong but... please I beg you please help me... i am dying daily just thinking about this....

please...please...please

ADVOCATE DIMPLE JINDAL (Advocate)     27 July 2015

Give the answers of following questions honsetly and properly.

1. What type of wrong have you done? 

2. What is the name of company? And What is the status of the company to fight this case?  Can they give any relaxation or not?

Aditya   27 July 2015

Sir, its was a real estate company and i was working in the accounts department. I was handling the cash part, we used to get cash after selling the property and after doing entries in my sheet i gave that cash to the concerned department and take receing (signature) from them on the notepad.. now they are doing reconciliation and asking me to give those notepads to them so that they can cross verify all the transactions and i know if they cross veryfy the transactions then they will get to knoe about these things.

Its a pvt ltd company in noida

ADVOCATE DIMPLE JINDAL (Advocate)     27 July 2015

How much money have you stolen till now?

ADVOCATE DIMPLE JINDAL (Advocate)     27 July 2015

How much money have you stolen till now?

Kumar Doab (FIN)     27 July 2015

 

Don’t be dishonest in employment and life.

The repurcussions and be very harmful.

The threats should be avoided by employer. The bosses should not be rowdy.

You should record the threats (audio/visual/witnessed).

 

The employer can very well lodge compliant with concerned authorities.

Probably the employer is also into cash transactions and does not want to wash the dirty linen in public. Once the notepads are given you might be floored.

 

Therefore it shall be better to involve some senior/sensible persons or even employee’s/trade union leaders and close the matter.

Involving your trusted and able lawyer would be advised to watch your safety and interest.

 

It shall be better if you hold and meet your lawyer ASAP and proceed further under expert advice of your lawyer and close the matter under careful supervision of your lawyer and elders of the family.

As far as notice pay is concerned it is max.15days wages as per

U.P. Dookan aur Vanijya Adhishthan Adhiniyam, 1962

https://labour.up.nic.in/labourcommissioner/dookan62.htm

 

20.  Termination of employment by an employee.—(1) No employee, other than an employee engaged for a specified period or in a leave vacancy, shall terminate his employment, except after notice of thirty days, or of such longer period, as may be required under the terms of his employment.

(2) Where an employee fails to comply with the provisions of sub-section (1), his unpaid wages for a period not exceeding fifteen days may be forfeited to his employer.

 

 

 

 

Aditya   28 July 2015

@ Advocate Dimple Jindal,

 

Sir, i have stolen around 20 Lacs and i am feeling very ashamed on my self now, it is hurting me a lot. I am not this kind of person but I dont know why I did all this, since I left that company I am crying daily... i beg you to please help me... please.. i dont want to ruin my life just because of this sir please..

Aditya   28 July 2015

@ Kumar Doab

I cannot involve any one in this because if i did so then i will not be able to stand in front of them in future and my life will be hell. My frined im in big pain and a very big trouble.

God please help me...please god pleaseee... i beg you pleas help me god..

ADVOCATE DIMPLE JINDAL (Advocate)     28 July 2015

Dear, Wrong is wrong and you have done a big wrong. There is no shortcut to escape from wrong. Either surrender yourself or go very far away from your current residing place. But in the second case, you can not escape yourself for a long period. And if you will try to escape, and after that you will caught, then it will create more problem for you. So I advise to you only to surrender yourself. After completing your punishment (whatso ever), forget this case & start a new life. By escaping, you can not live happily.


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