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Dear Seniors,
I was working with an organisation from last 8 months, but i was not satisfied so 4 days before I have joined the new organisation without informing the previous company.
My question is that now i want to close my previous salary account, so what procedure should I follow. whether i need help of my previous company or if i will go to my bank so will they inform about my this act to previous company.
regards
Preeti
From India, Delhi

Hi,
You can directly closed the account as even its a salary account , its your personal account. But the letter should also go from your previous company to the bank that you are no more employee of the company.
Regards,
Harshad
From India, Mumbai
dear preeti,
what you are doing is wrong. first inform your former employees that you are quitting. banks are more worried about revenue and don't give a damn about your activities (as long as it is not illegal). but as a matter of decency, inform your former employees about your quitting and then close the account. informing will also save you from unnecessary mental fear.
this is a small world and your activity may come to haunt you later on.
From India, Madras
Dear Ramesh & Harshad,
I cant inform my previous company that i m leaving tha job because in that case they will tell me to serve the 2 months notice period which i can't. As well as in my previous appointment letter it was written that if i leave job without serving them for 30 months i have to pay Rs. 3 Lacs. My signed check is with them.
so by doing this act i want to be terminated by them and by closing account i want to save my money.
Preeti
From India, Delhi
putting yourself in legal mess, dear. you are still in their rolls and legally contracted with them. so what you are doing now, will seem dual employment. another thing, have you informed any of your ex-colleagues or friends about quitting. this will be the right time for them to go against you and try to look good in the rolls of the company.
don't close your account, maintain a minimum balance and withdraw the rest.
From India, Madras
Dear Ramesh,
I have informed my immediate boss, and before leaving i have transferred my all responsibilities to him. as he is very kind to me he has promised to me that he will not disclose this matter to anybody in organisation.
ok i will not close the account but can i inform about the bank about the chk number which i have givent to my company and request them not to clear that check.
Preeti
From India, Delhi
Dear Preeti,
As you have left the company and informed to your immediate boss.So you need not bother and enjoy working in new organisation.
Salary account alfter leaving the company activated as personal account unless or untill somebody send the information to the Bank to close the account.
New company can open new account in same bank or any other bank.
Thanks,
Satyendra
From India, New Delhi
Dear ash,
Plz dont get annoyed on me. Let me tell you whole story. My appointment letter was printed on Company letterhead. It was written over there that i have to serve the company for next 30 months, but in case of leaving the job i have to pay 3 lacs rupees was not written there. this thing was communicated to me by HR Manager verbaly, and told me to submitt the signed check. and i did the same.
So legaly company can not prove that i m liable to pay 3 lacs. secondly I dont want any relieving letter from them as i have informed my this act to current employer.
I have not informed any HR person about this act. My aim is to prevent myself from the unauthorised use of my check by my previous employer
so now suggest me what to do with my salary account
Regards
Preeti
From India, Delhi
Dear Satendra, I want to close the account as my company have my signed check. so i want to close account without informing them, so what action should i take Preeti
From India, Delhi
dear preeti,
by signing the cheque you have landed in a mess. the company can go ahead present the cheque and get the 3 lacs or sue you in case of non payment (or cheque bounce).
ignorance of law is not an excuse !
From India, Madras
Hi preeti,
You have to settle the issue amicably with the previous employer. As rightly said by Ramesh, dishonouring a cheque (when presented) is a
criminal offence and will land you in deeper troubles in future appointments.
So, if you are sure, that there is no penalty clause in your appointment
order for leaving before the agreed period, please post your formal resignation by registered post with an
information that due to resignation the cheque no. dt. for rs.
handed over to you has become null and void. Before posting this letter,
you can issue instruction to your banker for stop payment of this cheque.
Otherwise, you have to settle the issue with your past employer amicably.
From India, Madras
Dear Raman,
The problem is that if i will give resignation then I have to pay 3 lacs. thats why i cant inform them. as per the contract if company terminates me then they can not present the check to bank. but i can not trust on my previous employer, so to save my money i want to close the account.
so tell me only one thing that if i will go bank to claose my salary account, will the bank inform to my previous employer about my this act
Regards
Preeti
From India, Delhi
In this case yes Preeti, they may inform. Who opened the account for you? Self or company? Let us know
From India, Madras
Dear Preeti,
There is no law available in India who authorise an employer to take cheque from an employee in any case/Agreement.
As you have told that it was informed to you verbaly so there is no relevence to quote it further. You can send a cheque stop request to your concerned bank. It will be automatically stopped bythe bank. So don't worry.
And even Company have no leagl autority to claim this chequein case of leaving the company.
So don't make it a issue and enjoy working at new place.
If you need any more clarification pl.write to me.
Thanks,
Satyendra
From India, New Delhi
Preeti,
There are quite a few things I have to say on this matter.
1. Forget the legal trouble, it is absolutely unprofessional and unethical and un-courteous to leave an employer without formally resigning. They gave you a job when you needed one. They gave you a salary every month. Granted! They did not do you any favor. It was purely a business transaction. However, there is something called Business Ethics. And it is against that ethics to leave an employer without even informing.
2. You said you signed a contract for 30 months, and agreed at the time of joining that you will serve a 30 day notice period. Now, how ethical is it to not honor your own commitments? Regardless of the situation, work ethics and professionalism dictate that you honor your commitments and at the least, inform the right people your inability to honor part of the commitments (30 months stay) and give them 30 day notice to make alternative arrangements
3. As for the Rs. 300,000/- issue, if it is not in your written contract, you are not liable to pay them.
4. So, what do you do with check you have already given them for Rs. 300,000? Assuming that you have a copy of the check (or at least you made note of the check number), it is quite simple. Walk into your bank, go the cashier or the branch manager, and issue a “Stop Payment” on the check. This is a facility every bank customer has. The bank may charge a nominal fee for it (I am not sure, but you can find out). Essentially, when that check goes to your bank for clearance (encashment), the bank will see the “Stop Payment” instruction against that check and will refuse to pay the party who submitted the check. If you don’t want to issue a “stop payment”, then clear your bank account of the required funds. Even if you have Rs. 299,999 in your bank account, they will not honor your Rs.300,000 check (unless you have overdraft protection etc.). Anyways, you get the idea – if your account does not have sufficient funds to clear a Rs. 300,000 check, not a penny will be taken out of your account – the check will bounce back.

There are many ways to handle the cash payment situation you are having. But running away from your employer is not one of them. It is unethical and unprofessional. Please don’t do that.

Regards,
--Som G


From United States, Woodinville
Dear preethi,
what you have done is absolutely 101% wrong.
You should have approached your previous employer before quitting.
Everywhere you are mentioning as check. It is Cheque.
If you close the Bank A/c and the previous employer fillup some amount and date in the signed cheque of yours and present the same for collection it will return as A/C closed. But an offence under Sec 138 of N.I.Act may be filed against you. Once it is filed you can not take a stand that at the time of joining they have forciblely taken a signed cheque of yours from you. Once the case is filed you are finished. The court will rely only on two things. Is it your cheque? Is it your signature? That is all.
My advise to you is that explain the situation to the current employer, take leave, go to the previous employer tender your unconditional apology, get the cheque signed by you back or cancelled. If possible get a proper relieving letter also.
Regards,
S.Kumarasubramanian

From India, Madras
Hi preeti,
Your reply is very childish. How will they terminate you?. It
is you who have abandoned the employment without giving
any notice. They have every right to present the cheque
upon notice to compensate the loss of quiting without serving notice and
then they would close the file. You have to settle the issue amicably.
Your closing or retaining your bank account has no say in this.
Before analysing things, please issue a stop payment request
immediately to your banker where cheque return clause will not
be applicable. Then you can think of closing your bank account.
From India, Madras
Section 138 of the Negotiable Instruments Act is a penal provision wherein if a person draws a cheque on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part of any debt or other liability, is returned by the bank unpaid, on the ground either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence. However with regard to "Payment stopped by the drawer" this section does not mention anything specifically.
It is seen that there are manifold reasons for the dishonor of cheques by banks but there is statutory mandate upon the payee under Section 13 (b) of Negotiable Instruments Act for giving a notice demanding the payment of the amount of said cheque, within 15 days from the date of the information as to bouncing of the said cheque from the drawer of the cheque and upon failure to make payment of the amount by the drawer within 15 days, offence under section 138 is deemed to have been committed. Moreover the decision of the Supreme Court in Electronics Trade & Technology Development Corporation Ltd is explicit and has decided all sorts of controversies in relation to bouncing of the cheque due to payment stopped by the drawer. It has expressly held that if on issuance of the notice by the payee or the holder in due course after dishonour, to the drawer demanding payment within 15 days from the date of the receipt of such a notice, if he does not pay the same, the statutory presumption of dishonest intention, subject to any other liability, stands satisfied.
From India, Madras
Dear Som,

I fully agree with you except stop payment part.
Just imagine that you are her revious employer. Her signed cheque is with you. She left your organisation without completing any formalities and requirements. If you are gem of a person you may forget the issue then and there. But if you are a person of otherway around, you will definitely seriously instantly get annoyed over this and may ask any individual close to you or to the management working in the company to fillup any amount and date in the cheque and present the same to the bank for payment. Then follows the Sec 138 legal drama. No body can save her. During the trail the person may come and depose that she took loan from him and gave this cheque. Because court is going to bother only two issues. whose cheque it is? Whose signature it is? Being an advocate I have come across cases where in it is submitted by the complainant advocates against a poor tea shop owner in a rural area that he has taken a loan upto a tune of five lakh rupees on different occasions and gave a cheque at last for Rs five lakhs which got bounced. They have won such cases also. In Sec.138 cases trials courts are not asking how you have given a loan upto five lakhs to the poor guy.what is his background,,his earning capacity etc,etc.. Whose cheque it is? Whose signature it is? That is the end of it. My simple straight forward advise is that it is better for her to approach her previous employer to resolve the issue amicably.

Regards,

S.Kumarasubramanian


From India, Madras
Preeti,
You have first messed up by signing the cheque and now you are messing up again by not serving the notice. Please start doing the 'right' things and please always think before you do something, otherwise your professional life will not be smooth.
People here have given you good advice. Try to follow it.
Regards,
Shikha
From India, Mumbai
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
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
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
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
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
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
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
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
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
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
So, if I am reading Taz and Raj Kumar correctly, the company strong armed the employee and asked to post a bond, so now the employee must treat them bad. In other words, if a dog bites us in the rear end, we should bite the dog’s rear! That begs the question, what is the difference? What makes us better and human beings?

Yes, it was unethical for the company to squeeze a distressed employee. No questions! No arguments against it!

If you ask the company, they would blame such employees who bring them business losses and say, it is for their own protection. This is a never ending cycle. Employers treat employees badly because of some employees treating their employers badly. The employees treat their current employers badly because some employer in the past treated them badly. This is never going to end!!



At some point, someone has to take a stand, and say, I am going to be a better person and a better company! From a company's standpoint, they must allow their potential/new employees be ethically and morally correct towards their soon-to-be ex-employers (at the time of hiring). "I am afraid I will lose my new job offer if I don't join them when they ask me. So, I will dump my previous employer mid-stream!". What then is the guarantee for the new employer that this person they are hiring now will not treat them the same in the future?

"If I tell my employer that I am going to a different company, my current employer may influence my new employer and destroy my new job and career." Why such lack of trust? What are companies doing to their employees and what are they gaining by fostering an environment of distrust between employee and employer? I don't get it! Who cares? "If not you, I will find another even better employee. It's not the end of the world for my company", or "If not you, I will find another better employer. It is not the end of the world for me and you are not the only employer in the world". But as long as we are together, let's be loyal to each other and have better relations. When we do part (none of us are married to our jobs, and even real life marriages are not forever these days), we will part in a friendly terms because we want to have a good feeling about each other when we part!





Talking about ideal situations, the real solution to this is change in the attitudes of employees and employers - better business practices, ethical and reasonable conduct towards employees fostering the same in return. Employees treat their employers well in an ethical and reasonable manner, and they receive the same treatment in return!



-SG






From United States, Woodinville
Hi Preeti,

I read the whole story, i would like to tell to some tips pointwise:

1. Salary account is a savings account which can be run on zero balance as its a kind of agreement between compant and bank but its all yours and you can close it anytime by just informing bank about your concent.

2. Since you ahd given a cheque to your previous employer, it can be sue against you for cheque dishonour and you may be get into trouble. If possible please write a letter (better if you send it through registered post to you office) stating that since yjere was no condition of payment Rs 3 lacs in the terms of appointment, you are not liable to pay any such amount hence you are intimating nbank to cancel the cheque and intmating stop payemt.

3. I know one thing that human life is above all laws even police can't torture a crminal. I think you need not to be worry about this but if you think okay, i would suggest you to write a resignation letter stating that you are unable to continue services and request them to process your F&F and clear your account.

4. One more thing, if there is written clause in the appt letter stating that '30 days or payment' then you have to serve notice or pay to the company, amount equavellent to the basic salary.

Pls let me know if further question arises.

Sant
From India
you need to consult with your labor law on how these things are being done in your country.
From Philippines, Pasig
Hi Preeti, You still have not given resignation so company would have been treating you as an absconding employee so doesn’t matter if you close your bank account. They have right to sue you.
From India, Gurgaon
Hi,
You can close your salary A/C by giving an information to the bank. But My advice is to inform your company about your leaving of company!!. Since you already have a job in hand there is nothing to worry.
From India, Visakhapatnam
I dont know why you are hesitating to submit your resignation and leave the job. If your current employers asks for your previous exp what will you do. It is very bad on your part to leave the org with out submiting resignation. Every employee has to follow some basic rules. They wont kill you if you inform them about ur exit.
When coming to salary account. U need not to worry about it. If u want to continue the account you can continue otherwise you approach the bank manager and close your account.
From India, Hyderabad
Preethi,

The reason for you leaving the job is due because of you getting another offer?

Chal leave it.. In your case (Don't want to serve the notice period, Can't pay the amount, Can't inform the company, etc), you shall leave the account by itself.. You shall be levied a penalty for the minimum balance, but if you are not going to transact in that account then it won't affect you much..

Issuing a "Stop Payment" will help but not completely. Any how if the company want to take you for a ride they can..

You should have informed the new company about the notice period and should have served the notice period... That would have showed your act of professionalism...

Anyway what I can advice you is to leave the account as it is (if you are not gona use it).. And inform the past company that you are not well, or met with an accident etc and your parents have taken you to your native, etc..things like that...

Remember your past company experience certificate will be useful not only in this company and to any other company you will be working in the future...
From India, Bangalore
• Whether bank account is closed or ‘stop payment’ of cheque is done or less than Rs. 3lakhs balance is kept in account, cheque is going to bounce if presented by employer.

• In case employer decides to approach the court for bouncing cheque, I feel employer is not likely to succeed. According to my limited knowledge of cases under Section 138 of Negotiable Instruments Act, employer will also have to prove in court that employee owes Rs. 3 lakhs to employer and bounced cheque was towards that particular debt. In absence of formal written agreement it is very difficult to prove and employer’s case is very weak. But this legal process will surely prove a point to some extent and will cause lot of trouble and inconvenience to employee. It may well serve as deterrent for other employees.

This case also raises many more questions, possibilities, ifs and buts:

• Will employer present the cheque? Is a million dollar question. There is no formal written agreement or bond. Amount involved is not small. It appears that, just to keep some kind of psychological pressure a cheque of Rs. 3 lakhs is taken from employee. But is employee serious? Will they actually present the cheque for payment?

• Assuming that, it was formal written agreement/bond was employer fair while deciding the penalty of 3 lakhs in case of breach of contract. Was this agreement one-sided and unfair to employee? Will it stand the scrutiny of law?

• Will employer pursue the matter further under Negotiable Instruments Act, after the cheque is bounced? Knowing well that there is no formal written agreement/bond.

Thanks & Regards
From India, Pune
Dear Preeti, Advise the banker that to stop pay the cheque which was lost by you (put the details of cheque which was given to your HR person). All the best
From India, Hyderabad
Dont closed your salary acoount.Your privious employer is hold your salary becouse of your absent. Provide your A/c number to present employer and deposit your salary to same account.

Preeti,
The account gets automatically converted into Savings Account if the bank did not find any salary deposit by your employer in a span of three months time.
So you dont need to approach anyone, you can use the account even after leaving last employment but for that you need to maintain some balance amt as per specific bank regulations.
Bharat :)
From Spain
hi preethi.
i think you are mentally disturbted in this issue, so better speak with your previous company as one gentleman said, giving stop payment is also a solution, as compensation is not mentioned in your offer letter. but to keep your mind cool speak with the previuos employer and get the things clear, this will help you from the guilty feelings forever..... also in future also if you want to quit from the company please do inform the company... a simple quiestion do you join in a company w/o offer letter...... same like that only before quitting please do inform...... this is one of your character qualities... think you are like a employer and act accdly.
thanks
vishwa
From India, Madras
Dear Preeti,
I have checked your all msg an finally i have reached to a conclusion that you must be facing some problem in your previous company that why you have quit from there.
But you need not to worrry about legal action as at the time of appointment you always depend on employer due to your necessities of getting job in that case.
It is decided in a case that if a person signed any document for getting job under pressure is not legally valid as it is violation of free consent.
and it is not neccessary to you to serve the company if you have been unnecessarily pressurized or forcefully held liable for some responsiblities.
as your closing of bank a/c is concerned yuo can directly close your a/c you dont need any confirmation from your previous employer.
and you can also do one thing you can report lost of cheque to bank and ask them to stop payment in case they have been presented for payment.
if you still need any assistance you can be in touch.
.
From India, New Delhi
Kindly go through the Bombay High Court ruling on 138 N.I. Act which was published in yesterday's Times of India.
It is related to Stop Payment instructions. As per that ruling stop payment instructions attracts an offence u/s 138 of N.I.Act.
Only way to resolve the issue is properly approach the person to whom you have given the signed cheque and request him to return that cheque after satisfying his legal due if any. No other go. Otherwise at the time handing over the cheque you should have obtained a letter from them that they are asking this blank cheque duly signed from you as security only. No way you can win legally without these things. They may be 100% fault for cheating you like this. What to do? Today's law is such u/s 138 N.I.act. Better do not give any blank cheque to any one for whatsoever reason in future. That is only the solution.
Regards,
Kumar

From India, Madras
Dear Preeti,
It is seeming you were in very confusion condition at that time of your entry in your old company.You are telling that there was no authorisation letter which includes that the matter of 3lacs payment to your employer in the case of your resignation with out infermation.
Then the issue can be clear if you can give one authorisation letter to bank people to stop the cheque clearence which has given by you to your old employer.
Same time you should take one acknowledgement sign with bank seal from bank people that they have recieved the letter from you.You keep that xerox at you for your future refference.(The letter should give to concern Operations manager of the bank,his signature should be there on that same (xerox)you shold keep with you.)
If you want to close your account just you close account of that bank then you will never have any problem from your old employer.
Best of luck.
Thanks&Regards,
nandu,
Hr-officer.
From India, Jaipur
Hi Preeti,
Please forget the past and think about your current job as you have already committed a mistake of not informing your current employer which I advise you not to do in future.
I have seen several instances in the past where the new company employee will have some connection with the old company where you join and they will come to know that you have sneaked out.
I even had to terminate a senior manager as I knew some employee of the comany where our manager worked.
Looks like your earlier employer has some complicated releiving procedure. Hence,lets not split hairs on this anymore and good luck on your new job!!
Regards,
Madhu
HR Manager

9176638999
9884173041
From India, Madras
Dear preeti,

I have gone through your issue and suggetions given by our collegues. When you have joined the service of previous employers organisation, you have voluntarily entered an agreement with them agreeing to serve for a minimum period of 30 months. Generally, in every agreement there shall be provison for recovery of compesation on failure to performe the terms and conditions stipulated therein by any party.

In the present case, you are not informing to any body whether that clause is there or not in your agreement? Is so what are the contents? In general, if the employer inccur an expenditure to train the fresh candidate to meet the future manpower requirement of his organisation, he can take an agreement from such trainee. On failure of trainee to to fulfil his obligation as per the agreement, then the employer is having the right to recover the amount which he has spent on trainee towards his stipend, facility provided to extend the food stuff in canteen on subsidary rates, welfare expence incurred and recruitment expences etc.

But, with out giving any training or incurring any expences, if any employer make the new employee to singn forcibly an agreement, it is not valid. For claiming Rs 3 lakhs is not a joke and they have to show the evidence on what ground they have incurred the expeses on your account or else in what way they have sustained loss by your act.

Though, legally it is not justified on part of your employer to claim compesation amount of Rs 3 lakhs and at the same time we can not support your act of running away from your previous employer without informing him amounts to breach of trust.

What I personally feel that it is better to settle your issue with your previous employer amicably. For this you should go and inform him under what circumastance you you have left their organisation and politely ask him for execuse you for that. Then handover the resignation with a request to accept the same and releve you from their services with immediate effect. Generally if you pay one month salary in lieu of notice, your employer will have no option except accept the same.Thereafter, you can ask him to give back the cheque which was taken by them at the time of your joining.

If they relucant to accept your resignation or relieve you from their services and give back your cheque, then tell them to face legal consequences. It is settled law that taking blank cheque towards the compensation by an employer is a crime and it can be proved in court proceedings.

Instead of going through procedure as per law, you have made your case very complicated . At least hereafter, you should go and meet your previous company MD and try to convince him to settle your account amicably. You should not get any remedy by running away from your liability. If your employer presents the blank cheque by filling with some figure i.e even if it is for Rs 10000/- and if it is dishonered due to lack funds in your account, it is to be treated as crime under negotiable instrument act. Thereafter by giving a notice to you, your previous employer has got a right to proceed leagally against you under Cr PC.

I think you can understand the legal complication by signing the agreement and giving blank cheques etc to the employer of any organisation.

Regards

NVRao

Hyderabad
From India, Hyderabad
Good dare!!!
Frankly speaking your fully unethical, insecure& hyperactive.
However, here is my suggestion... just produce a fake medical certificate to your old organization stating "Got severe accident at some remote place/ village which is not easily approachable & due to permanant disability you can not work any longer with them"...
The risk here is... if you are seen any old company employees... you need to say Who are you??? Sorry.. I don't know you.... u need to say a diff name to them...
alternately.... just pay them 3lacs & live happily without any tensions...
if my suggestions can't be implemented in ur case... pl simply ignore...
From India, New Delhi
Preeti... dont get panic unnecessorily... forget about your salary account& your old company.... People don't have that much time run behind you& courts...
If you are reading us means... you are in very safe zone...
Just live happily without any tensions... Just Be Happy:)
Take this as lessions learnt.... & never ever repeat it... Take care, all the best... :-)
From India, New Delhi
Dear all,
If at all the employer decides to utilise the blank signed cheque there are ways and means of doing it. He is not a fool to say that such and such person has given the cheque at the time of his/her joining the organisation as a security. He can defintely create a beleivable/acceptable story that suits him,safeguards him and as per law.
It is always better to settle the issue amicably with the employer especially in cases where the blank signed cheques are in possession of the employer.
The same is applicable wherein the original educational certificates are taken as a safety measure by the employer.
If at all anything is there in writing you are safe. otherwise gone. All employers are not honest.
Regards,
S.Kumarasubramanian
From India, Madras

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