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manish2678
12

y is the need to close the account, however, if u need toclose then u can go directly to bank and submit an application for closing your a/c.
From India, Delhi
manish2678
12

y is the need to close the account, however, if u need toclose then u can go directly to bank and submit an application for closing your a/c. you can also stop payment for the cheque. and dont worry about this small things. they cant do anything against you. they cant bind you.
cheers !

From India, Delhi
Aashnaa GB
6

Preeti I must say you are yourself messing up your own case bigtime. What you are doing is absolutely unethical and so do not expect that you will go scottfree. By absconding, you are all the more instigating your previous employer to claim those 3 lacs from you.
It's better that you talk to your previous employer and try to settle the matter amicably.

From India, Mumbai
ramesh23.a
7

Hello Preeti,
I guess you want to close your salary account,but as per the rules of the bank account will be converted to personal if you salary is not credited. Bank authorities will observe your bank account for three months, if you are salary is not credited with in three automatically this will be converted to a personal account. Once your account is converted to personal savings account, no right to chek anyone with out your prior intimation.
One thing i would like to know, you have mentioned in the discussions that you are not worried about reliving letters but i think its a bad thought, becuase it may not be required for the present company where you have joined but i guess you will not stick to the same company whole your life time, when you join with new company then what would you do.....
Regards
Ramesh
"The belief in a thing makes it happen."

From India, Hyderabad
premasanju
Dear preeti,
Its your salary account then its 0/- account. Please withdrowl all money & then just informe your bank that chekc was misplaced. just cancel this cheque transaction. Then after tree month you will close your account.
Thanks
Prema

From India, Mumbai
rameshbashyam@yahoo.com
21

hi navanju and premasanju,
request that you both read today's newspapers on stop payment of cheque or closure of account without the payment being made. there's been a Court ruling that the affected party can proceed legally against you. enough has been said to preeti and hopefully she will be taking a right decision in this regard.
let's for a moment, put ourselves as the employer and then accept or reject what's been done. we know for sure what we will do then

From India, Madras
SomGollakota
10

Dear Kumar,
Thanks for the information about the legal issue with bounced checks. I was not aware of that. How about putting a "stop payment"? What does the law say in that respect? I know I have issued a "stop payment" notice to State Bank Of India once in 1992. They had posted copies of that notice at every teller and on the head cashier's desk, in case the check comes for cashing.
That said, a few things to note are
1. The first and foremost responsibility (and the right thing to do) is to formally resign, serve a notice period (I did that in my last job in India back in early 90s, and served the notice period on leave on loss of pay), and leave the company on reasonable terms
2. If I were the employer, I would make sure that any payback terms in the employement contract state that the payment by the employee would be due to the damages or cost incurred by the company due to employee leaving abruptly. Then the liability will be equally spread on both the parties.
3. Any verbal promises made by anyone outside the written/signed-by-both-parties contract would not hold up in court. I am sure you are already aware of that.
The problem remains regarding the signed check which authorizes the payee to encash it at any time. So, how can this issue be legally resolved? What does the law say?

Thanks,
--Som G


From United States, Woodinville
zeeshaan29
dear preeti
dont worry for this matter,you simply send registered resignation letter to your previous employer and stop payment of that signed cheque from the bank.its very easy to do so.
you r legally safe as the communication was verbal for 3 lac payment.
so be happy and enjoy your current job.....nobody can change fate...

From Saudi Arabia
Raj Kumar Hansdah
1426

Dear taz,

The best possible solution !!! You have won my admiration. We got to help the lady being exploited by a rogue company. A Rs. 3 lakh cheque being taken at the beginning of employment without any demand note/receipt or any record in writing !!!!

It is amusing to see people talk of ethics with respect to this company.

Dear Taz, did you ever discuss and argue the Bible with the Devil ????

It shows their maturity and the height of ivory castle in which they live - eating lotus !!! My humble reverence to my star friends.

Dear S.Kumarasubramanian, Azfar, satendra_ctech,

Thanks for your wonderful legally-compliant advices.

Thanks for being so objective in your assessment of the situation - for having a "scientific temper", which does not give in to established bias and prejudices, and goes after the truth only.

I would be failing in my duty as a human being and also as a humanistic HR person, if I do not praise your efforts in bringing relief to an unknown exploited female employee.

Regards.

From India, Delhi
Raj Kumar Hansdah
1426

Dear Preeti

You have got good advices, from good outstanding HR professionals in the true sense.

IMMEDIATELY issue "STOP PAYMENT" advice with reference to the CHEQUE NUMBER, to your bank through Customer Care, Net-Banking or personally. Rs. 100 or 200 will be charged to your account for this service.

Do as advised by Taz. Whatever you do remember that no company can bind you for a long duration or by taking a signed (blank and undated) cheque of Rs. 3 lakhs. No such agreement or contract can stand up the scrutiny of Law. Its absolutely illegal.

If later, if the co. may take the plea that you had been given a loan etc. but still they will have a tough time proving it in a civil court with your lawyer cross-examining the witnesses and evidence. (The courts are not blind !!)

A salary account with 'zero balance' may incur charges if certain average balance is not maintained. Maintain that minimum amount, rest is upto you whether you want to keep it, close it or convert to normal savings account.

The bank account is in your name and is legally yours. In a corporate account, the "Know Your Customer" norms are fulfilled by the Co. and the banks extend certain benefits such as:
  • zero balance,
  • rebate in demand draft fees,
  • additional number of withdrawal facilities etc.

The co. has no lien or control over it.

Don't let people make you feel guilty on account of ethics. One need not be "ethical" on "unethical terms" or with "unethical parties". It is good that you are getting away from such an exploitative relationship. Ask your friends some personal ethics questions like "would they continue in an exploitative relationship (like marriage, which is supposed to have a COMMITMENT of a lifetime), if they know the other party is cheating, committing infractions compulsively ?)

What you are doing/have done is right; only you got to learn how to do it in a better way, rather than causing miseries to yourself. Hope my post enlighten you and cheer you up. Best wishes.

Warm regards.

From India, Delhi
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