• Car lease between company and employee

Hi I have been driving a car which is leased by my company from a car lease company. I am still in my probation. They have not given me any agreements yet. Today I received a stamp paper with a point on early termination and car lease rules. I dont agree to those points. They have been deducting the lease amount from my salary for last 3 months. What shall I do? Am i obligated to this lease as yet? Whats the way out if i dont want to sign? Also how can I recover my 3 months emi?
Asked 1 year ago in Business Law from Gurgaon, Haryana
1) what are terms mentioned in your appointment letter? 

2)if you are not in agreement with car lease rules and other issues you need not signed the document forwarded to you by your employer . 

3) you can negotiate with your employer regarding the contentious clauses in the stamped document forwarded to you . 

4)as far as 3 months EMI  is concerned request company to take back the car and credit EMI deducted from your salary as you had never agreed for said deduction from your salary
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
What shall I do?
Opinion: You may send a legal notice through your counsel and claim your money with interest and compensation.

 Am i obligated to this lease as yet? 
Opinion: no, you are not obligated to this lease.

Whats the way out if i dont want to sign? Also how can I recover my 3 months emi?
Opinion; SENDING LEGAL NOTICE IS BEST OPTION.
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
1) litigation is an expensive proposition . 

2) further  litigation is long drawn process 

3)send email to company to furnish relieving letter plus your salary dues and settle your other claims 

4) wait for a week then issue legal notice to company in this regard .
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. What is your status in the said Company?

2. Are you an employee or a leasor or representative of the leasor?

3. Have you received your appointment letter? Are you receiving salary through salary slip or getting paid through voucher?

4. Wa there any mention of your probationery period?

5. If you are an emloyee, you can refuse to sign the said agreement and claim the EMIs illegally deducted from your salary,

6. In case you are terminated, you can file a complaint case before the local labour commissioner for relief.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. Litigation is expensive and may be disproportionate to the amount for which the said litigation has been initiated,

2. Try other non expensive methods,

3. Send them a legal notice,

4. Lodge a police comlaint for cheating you,

5. Lodge a complaint case before the local Labour Commissioner.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. The obligation to the terms of the lease agreement would arise from he date on which you sign the agreement. Until and unless the agreement has been signed there is no obligation in force.

2. You have the right to refuse to sign the agreement. After refusal you can recover from the company the amount which has been deducted from your salary.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1. Since you have resigned from the company you may issue a notice through your lawyer to the company for the settlement of all dues including refunding the amount which was deducted from your salary towards the car lease.

2. If the relieving letter is not issued then move to the court.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Send a legal notice and wait till the completion of the notice period, if they are not ready to make the payment within notice period then file a civil suit for recovery against them before civil court and claim your money with interest and compensation.
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0

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