I worked in a company for 2months and took a long leave due to personal reason with a intimation to the company but now the company asked to relieve and to submit the company laptop. When I ask for salary they haven't speak about that still. Now the company website is closed with a statement business shutdown. But he is asking me to return laptop . And I never signed in any paper for handling company laptop . What can I do now. They said they are going to take legal action against me.kindly provide some suggestion.
21st March 2018 From India, Chennai
You want salary of which period?
Whether you signed receipt for laptop are you holding it?
So question of signing or not signing does not arise>
21st March 2018 From India, Pune
I want salary for the period from mid of January and February total of 29 Working days. No I didn't signed any receipts for laptop.
21st March 2018 From India, Chennai
To make your query clear:
When did you join?
When did you leave?
How many days leave did you take?
What were the terms and condition of your offer letter regarding exit from the company?
You cannot retain the laptop pof the company whether you signed for it or not.
The company has to pay for the period you worked.
But since company has closed down ,there is no remedy,easily available.
21st March 2018 From India, Pune
Out of 59 days you were on leave for 30 days ie. 1 month.Have you obtained prior wrtten approval before proceeding for leave or you have just absconded from duty. Please mention the details of employement and how you have communicated for separation.
It is not right to hold company's laptop. In most of the orgaization after receiving all clearance/ NOC they process for full and final.
21st March 2018 From India, Bhubaneswar
Thanks for the suggestions.
I joined on 27nov 2017. Since it is a small company hence there is no procedure for taking leave. I informed through phone call and they accepted it . And it is a field work mostly in North East region and the company is in Chennai. I took 12 days leave on January and worked 10 days in February. Since the salary amount is very less 12k only and I holding a laptop worth of 15k. I already requested them if the salary credited I will submit the laptop immediately. And our company is very small they are running it like a startup I don't have any trust on them whether they pay me or not. Already they website shows business shutdown message that's the issue.
21st March 2018 From India, Chennai
Since you agree that laptop is of the company and you are ready to return it, only your apprehension is coming in the way that once you return the laptop they may not pay you, particularly as the unit is closed down and importantly you don't believe them. Pl. talk to them and find out via media for settling the matter by simultaneous exchange of laptop and salary, you can make use of good offices of anyone whom you trust. But, before that pl. develop an understanding on how much is payable to you, as it appears you had taken a lot of leave in your 3-4 months tenure, whether it is all paid leave. The company can take legal action against you including prosecution proceedings for recovery of their property. The fact that you never gave any receipt is a matter of evidence, but you could be harassed in the meanwhile.
22nd March 2018 From India, Mumbai
Dear colleague,
You are willing to return the lap-top provided they settle your dues. Good!
You write to them about this and inform that the give and take is simultaneous.
Wait for their reply. If they agree , fine . Or else don't return the laptop and keep quiet.
Regards,
Vinayak Nagarkar
HR-Consultant
23rd March 2018 From India, Mumbai
Dear Nagarkar Sir,
Your suggestion seems good but what if his employer lodge a police complain/FIR against him. He has just started his career. It may affect adversely in his professional career.
We know the one side story. The poster was on long leave (some frequent leave also) and in two month tenure he has not even worked for 30 days. We don't know these are authorized or not nor we know the term of his employment and how much actually payable as per employer point of view.
Please suggest whether he can go to nearest labour office and there settle the issue amicably.
23rd March 2018 From India, Bhubaneswar
Dear friend,
My suggestion is to return the laptop in exchange of settlement of dues. The fear of police case comes if there is refusal to return it at all.
Regards,
Vinayak Nagarkar
HR-Consultant
23rd March 2018 From India, Mumbai
Thank you all for providing suggestions.
I already made a request to the company through email regarding the amount for no. Of working days and informed them, at once when they paid me I will return laptop without fail and included that if I failed they can take any legal actions.since I mailed them 4 days before still there is no reply from them. Still I don't know what to do.
24th March 2018 From India, Chennai
Dear Young-man-at-a-loss:
What is not yours, is not yours. I am referring to the laptop. Whether an agreement is arrived at or not, it must be returned.
As far as the outstanding payment(s) is/are concerned, there are many issues to be looked into: did you during your employment stint have the company's cover for the days you were off - and what amount receivable actually accrues for you. Since you don't appear to have a written official contract, you will need have some legal intervention, to receive the payment.
You are walking a tight-rope, and since its your professional career in infancy DON'T DO ANYTHING CONTRARY TO LAW. Seek legal advice; if you don't the employer may lodge an FIR against you, and that would breed ill, on your future CV's and prospective employers.
Rationalize the situation, and prove you go by the highest standards of ethics in all situations, a trait often needed in professional institutions.
The silver lining, from the issues you created for yourself, is the lesson you learn from it.
Have a positive attitude towards the entire scenario, and see how the attitude will help you wade through similar storms in the future.
Regards
Arif ur Rehman
26th March 2018 From Pakistan, Karachi
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