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Left job in probation period, what action can company take against me?
26-Jul-2023 (In Labour & Service Law)
Dear all, I started working in a company and i left the job after a month and i told them that i am suffering from fever so m unable to join and after 6 days i resigned through mail but they didn't replied..and at the time of joining they took a blank cheque from me as a security. And i was on probation period. And their terms for probation period are: You will be on probation period for 6 months and your services are liable to be terminated by either side without assigning any reason and/or without any notice or without any payment in lieu of notice. (According to my offer letter) Now they put cheque on bank for recovery and they are saying you are absconded that's why we are recovering the amount. Now what should i do even i have resigned after a week from the day i stopped going to office. Currently i have stopped their cheque. Is it possible that they may take any legal action against me?
YES, DEFINITELY THEY CAN TAKE LEGAL ACTION AGAINST YOU. WHY YOU HAVE GIVEN CHEQUES FOR SECURITY PURPOSES, IT IS NOT CLEAR. YOU WERE NOT LEGALLY BOUND TO DO SO. NOW YOU ARE LIABLE TO PAY THE DAMAGES AND / OR PENAL ACTION FOR CHEQUE BOUNCE, IF ANY.
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Adv. Vijay Raghav Singh
Jabalpur | 100+ Answers
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You referred about your offer letter not appointment letter. Why reason may be better known to you. However you mentioned that there is a condition that during probation period Service will be liable to be terminated by either side without any notice or salary in lieu of notice, if so no notice was necessary. But I am sure word either side may not be there. If so you were under obligation to serve notice period or to pay salary in lieu of. If the cheque was given in security sec 138 of NIact will not apply. But you will have to mention this fact in reply to the notice
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Adv. S K Singh Chauhan
Gwalior | 100+ Answers
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