Company not releasing document
7 months ago
I have joined a company on August 2023 . they mail me CTC and company overview on mail and after that i joined . Company was is Pune which to 1800km from my home. So due to family issues I have to leave company just after two days of joining at this time I haven't even signed the appointment and offer letter. Even they didn't send me the offer letter. When I ask them to leave they immediately send me and told me to sign. But I didn't accept .when I go to corporate office for my document they told me that they will return my document through post after small recovery of using dress shoes etc. Now they are asking me to pay 20k. Should I pay 20k . Is this valid?
A.Dear Client,
In the prevailing situation, you need to serve a strong legal notice to the company against their unethical and illegal demand endorsing a copy to the concerned Labour Commissioner or Labour enforcement agencies. In the absence of acceptance of the offer letter, the company should not or cannot allow you to join the service. Therefore, the company is legally bound to return your documents. In the absence of a contract of employment or offer letter, the company cannot claim compensation from a person for breach of contract. Section 73 of the Contract Act, 1872 makes provision for unliquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract) and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party. So, if the Company takes any action against you for recovery of compensation for breach of contract, then reach out to an Advocate for guidance and steps to defend the claim suitably after serving a legal notice to the Company.
In the prevailing situation, you need to serve a strong legal notice to the company against their unethical and illegal demand endorsing a copy to the concerned Labour Commissioner or Labour enforcement agencies. In the absence of acceptance of the offer letter, the company should not or cannot allow you to join the service. Therefore, the company is legally bound to return your documents. In the absence of a contract of employment or offer letter, the company cannot claim compensation from a person for breach of contract. Section 73 of the Contract Act, 1872 makes provision for unliquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract) and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party. So, if the Company takes any action against you for recovery of compensation for breach of contract, then reach out to an Advocate for guidance and steps to defend the claim suitably after serving a legal notice to the Company.
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A.Dear client,
Since you mentioned that you did not sign the offer or appointment letter before leaving the company, there may not be a legally binding contract in place. Employment contracts typically require both parties (you and the employer) to agree to the terms, often through signatures or formal acceptance.
it would be illegal for them to hold onto your documents in this scenario
Since you mentioned that you did not sign the offer or appointment letter before leaving the company, there may not be a legally binding contract in place. Employment contracts typically require both parties (you and the employer) to agree to the terms, often through signatures or formal acceptance.
it would be illegal for them to hold onto your documents in this scenario
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A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
=======================================================================
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
*****
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
=======================================================================
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
*****
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