Employment Issues and Legal Concerns
I joined a Pvt. Ltd. company in January 2012. The employer, from that time until today, has not signed any employment contract nor provided me with an official appointment letter. I have been handling the operations of the company since then. Every payment to any party has been made through cheque or RTGS, which is signed by the director.
On the 20th of February, in front of the director, I orally resigned from my job due to the dirty politics played by our CA and some members of the accounts department. On the 22nd of January, the accounts team sent a debtor list to management, which did not mention my name as I had no advances or dues with the company. Later, the CA made some changes in the accounts and is now showing around 5 lakh dues to me. A couple of times, the management gave me incentives through cheques. Now they are claiming that the directors, trusting me, had given signed blank cheques for operations, and I took undue advantage of that by transferring company funds to my account. However, in the past, they have never handed over a single cheque to me; the cheques have always been with the accounts department.
Again, they are showing advances taken by me in Tally, but there is not a single advance voucher with my signature. I have never signed a single advance voucher or any paper related to any payments made to any party, as that was the accounts department's responsibility.
The organization has not yet deposited the PF of a single employee, nor have they paid the service tax to the government for the last three years. There are around 40 employees without any employment contract or joining letter, and they are not following a single norm as per the Shop and Establishment Act or labor law. I have all the email communications of those details. They are operating in a very unprofessional manner, and I can prove all the wrong practices happening there with evidence on paper.
I am aware that these people are deliberately trying to prove me wrong because now, after my resignation, they can work as they want to. After the day I resigned, I was in contact with the directors and a few key employees. On the 19th of February, I sent an SMS of my resignation to the director.
Now, all these people are saying that I have absconded since the 20th of February and that they cannot contact me. They are threatening to file a criminal case against me for breach of trust and other charges. I was in continuous contact with them through telephonic communication from the 20th of February. They are making these allegations without any documentary evidence. Can these people file a legal suit against me? What should I do if this happens, considering they are politically very influential?
I am really expecting legal and professional advice from you guys! Please help me manage this scenario.
Regards
From India, Bangalore
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I joined a Pvt. Ltd. company in January 2012. The employer, from that time until today, has not signed any employment contract nor provided me with an official appointment letter. I have been handling the operations of the company since then. Every payment to any party has been made through cheque or RTGS, which is signed by the director.
On the 20th of February, in front of the director, I orally resigned from my job due to the dirty politics played by our CA and some members of the accounts department. On the 22nd of January, the accounts team sent a debtor list to management, which did not mention my name as I had no advances or dues with the company. Later, the CA made some changes in the accounts and is now showing around 5 lakh dues to me. A couple of times, the management gave me incentives through cheques. Now they are claiming that the directors, trusting me, had given signed blank cheques for operations, and I took undue advantage of that by transferring company funds to my account. However, in the past, they have never handed over a single cheque to me; the cheques have always been with the accounts department.
Again, they are showing advances taken by me in Tally, but there is not a single advance voucher with my signature. I have never signed a single advance voucher or any paper related to any payments made to any party, as that was the accounts department's responsibility.
The organization has not yet deposited the PF of a single employee, nor have they paid the service tax to the government for the last three years. There are around 40 employees without any employment contract or joining letter, and they are not following a single norm as per the Shop and Establishment Act or labor law. I have all the email communications of those details. They are operating in a very unprofessional manner, and I can prove all the wrong practices happening there with evidence on paper.
I am aware that these people are deliberately trying to prove me wrong because now, after my resignation, they can work as they want to. After the day I resigned, I was in contact with the directors and a few key employees. On the 19th of February, I sent an SMS of my resignation to the director.
Now, all these people are saying that I have absconded since the 20th of February and that they cannot contact me. They are threatening to file a criminal case against me for breach of trust and other charges. I was in continuous contact with them through telephonic communication from the 20th of February. They are making these allegations without any documentary evidence. Can these people file a legal suit against me? What should I do if this happens, considering they are politically very influential?
I am really expecting legal and professional advice from you guys! Please help me manage this scenario.
Regards
From India, Bangalore
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Steps to Handle Resignation and Allegations
In view of the above submissions, my suggestion will be:
1. You should submit your resignation in writing to your superior. If he/she refuses, then send the same through Registered AD post.
2. Request them to hand over the charge you were holding.
3. Make a list of the tasks you were managing and their status up to the date of your departure.
4. Request to shorten or waive the notice period.
5. Make yourself available during working hours for their support within a specific time frame.
6. Sit down to resolve any issue(s) amicably.
I do acknowledge that you did not receive any appointment letter/contract letter, but please note that you received a regular salary during your tenure. Legally, some terms are implied.
I hope this will help resolve the issue.
Regards
From India, Chandigarh
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13In view of the above submissions, my suggestion will be:
1. You should submit your resignation in writing to your superior. If he/she refuses, then send the same through Registered AD post.
2. Request them to hand over the charge you were holding.
3. Make a list of the tasks you were managing and their status up to the date of your departure.
4. Request to shorten or waive the notice period.
5. Make yourself available during working hours for their support within a specific time frame.
6. Sit down to resolve any issue(s) amicably.
I do acknowledge that you did not receive any appointment letter/contract letter, but please note that you received a regular salary during your tenure. Legally, some terms are implied.
I hope this will help resolve the issue.
Regards
From India, Chandigarh
Acknowledge(0)Amend(0)
Legal Implications and Steps to Address the Situation
The case needs to be dealt with legally. First of all, there should be a written resignation and a brief of all outstanding points/advances, etc. If all sources of inflow into your bank account are identifiable as legitimate transactions, their claims of you stealing funds will flop miserably. Incentives due to you can easily be worked out, so the question of misusing trust and transferring money does not arise (if all that you say is correct).
The fact of drawing a monthly salary indicates employment for legal purposes, along with your daily attendance records in the company. Non-deposit of PF money is a serious offense, and if you complain with proof, then directors will be in big trouble. The points of the learned member above are valid and worth acting upon. The matter is over 4 years old - why are things being agitated now?
Regards
From India, Pune
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The case needs to be dealt with legally. First of all, there should be a written resignation and a brief of all outstanding points/advances, etc. If all sources of inflow into your bank account are identifiable as legitimate transactions, their claims of you stealing funds will flop miserably. Incentives due to you can easily be worked out, so the question of misusing trust and transferring money does not arise (if all that you say is correct).
The fact of drawing a monthly salary indicates employment for legal purposes, along with your daily attendance records in the company. Non-deposit of PF money is a serious offense, and if you complain with proof, then directors will be in big trouble. The points of the learned member above are valid and worth acting upon. The matter is over 4 years old - why are things being agitated now?
Regards
From India, Pune
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