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
10Yes, 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
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
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
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
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
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
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
• 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
From India, Hyderabad
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