Mumbai | 10 May, 2017 (2 years ago)

Employment and labour laws

Am I liable to pay my employer compensation?

Hi, I have worked in a CA firm for about ten months. In Jan due to certain family medical issues I asked them for leave and shortly after things getting better I decided not to join back as I started a small business from home itself. I confirmed with them that I won't be joining the firm in April this year, two days later they send me an email stating that I have to pay them compensation. Compensation asked for were of 3 things 1. The paid leaves that they had given me. 2. One months salary as I did not serve any notice period. 3. As I did not complete a bond agreement of 3 years as discussed with them. I did ignore their mail and received one more mail from them 10 days later, that they are giving me 7 days more to pay the dues or else they will take legal action against me. Now the thing is I have never signed any bond agreement, neither I was ever given any appointment letter. Plus a colleague of mine from that same office keeps telling me to pay it off as I am bound in an oral agreement with the employer. What is right? Can they actually file a case on me without me signing any papers n without an apt. letter? What if they forge my signature on false documents?
Answers
11 May, 2017 | 13:03

Hi,

At the outset I would like to clear your first question “can they actually file a case on you” the answer is yes, they can file case against you, however it would be subject to the trial as to whether you are actually required to pay the amount.

You should consult an advocate with all the relevant documents as to on what basis were you working with the firm without having received any formal appointment letter, details of the salary which was being paid and what kind of taxes were part of the CTC, had you signed any offer letter/ any internal policy which would have been sent though e-mail, and prepare a detailed reply to the e-mails that you have received seeking to refund the amount.

You may also ask them for a copy of the documents that have been referred in the mail to seek as to whether the documents have been forged, and in case your signature have been forged you may initiate criminal actions against the partners of the firm.


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