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James2017
Need help Urgently... Please help

Have signed a agreement (Not a contract), On agreement we agree 1 month salary would be put as Security Deposit (Deduct 10000 from first 3 month). And on Agreement it is mentioned that base on my performance after i complete 3 month, Owner would decide to leave or continue with my employment. But i completed 7 month and 20 days unfortunate and accident happen to me and lost phone while i was on my way to office. So couldn't connect or inform the company. I left city for my village as i was injured. But after 15 days. I sent an email after getting an email from online (Website) and explain what has happened and I request them that i still want to work with the organisation. But they say they would have to relieve me. They say they would get back to me to complete the formalities. But after 45 days I follow them up but now they are saying they would not return my Security deposit nor my 20 days wages as I have to complete 1 years to get my deposit since I left before 1 years i would not be able to get my money back. Nor 20 days wages as I have not serve 30 days notice period.

What should I do please help me???

From India, Mumbai
riteshmaity
243

1. The employer is not entitled to take any money from you in form of security or whatever, in order to provide you employment. So the agreement itself is invalid.
2. If you have met with an accident while coming to office, then you may be entitled to compensation under the Act. Hope you have police report and medical documents.
3. Looks like you met with an accident and then did not join duties, neither informed them, which is your fault.
4. The employer cannot withhold any money taken from you even if you have worked for 1 day.
5. Looks like you need to come with exact state of affairs with full factual details before getting any legal remedy.
6. Meet a lawyer and explain him all the details (do not hide factual aspects) so that proper measure can be taken.

From India, Kolkata
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