I left for a personal training by taking verbal approval from Manager, they said you can remotely work but after 2 days they stopped my access and nobody from company contacted me. now after 1 month they are saying that per company policy you have abounded us for more then 3 days so we will give you termination but you need to submit laptop of company. they have sent me 3 reminders of it but i didn't reply. now can i ask them to give me my previous salary or i will keep their laptop. laptop worth more then my salary so if i keep the laptop what action the company can take ? i was on probation period not full time employee. advise me what should i reply to them.
Hello,
Do not keep the laptop without telling/ informing the company in written that you wish to negotiate for the salary.
This acts of your's amounts to theft/ criminal breach of trust as per IPC.
You are advised to talk to the HR and get your rightful claim and return the laptop.
Regards
Hi, it is not advisable to keep thier laptop .. However , you should issue them a legal demand notice for recovery of you pending salary
return the laptop to the company
2)company can file police complaint against you under section 406 of IPC for criminal breach of trust
The general rule applies to come clean hand.
Everywhere as you have received reminders from the company you need to reply the reminders and ask yourself first and say that you are ready to give back the laptop. In case they do not promise the salary you need not to give the laptop. termination is not going to help you in your future jobs so far this period you need not to show your experience in that company otherwise this will affect your resume.
Your company would file a criminal complaint against you for theft if you do not return the laptop belonging to the company.
It's advisable that you serve a legal notice to them asking them to pay your full and final settlement amount and also take the laptop from you.
1. write in reply that company can take back its laptop
2. request company to compute your pending dues considering all permissible deductions as per company policy and inform you about the outstanding due from company to you
3. also request company to make a statement by email that the above amount is due and payable to you for having served the company for the period for which you were with the company
4. also narrate the facts how you had gone for a leave after verbal approval from Manager and deny their allegation of abandoning the company
5. also say that company wrongly terminated your probation without assigning valid reasons
If an employee fails to return company property at the end of his or employment having been asked to do so, the employer should check the contract of employment to see if there is a return of company property clause.The employer can claim damages for actual financial loss only .
1. You say it was verbal approval but a verbal approval unless subsequently reduced to writing cannot be proved in court.
2. You have no lien on the laptop of the employer. If your salary is not paid then you can at the most file a suit for recovery of money in the civil court but you are bound to return the laptop.
3. Your possession of the laptop despite the demand to return it is tantamount to criminal breach of trust under Section 406 IPC, for which the company can lodge FIR against you.
Sir company can fule suit.for claiming damages and case of theft of laptop and data of the company so return the laptop send notice to company to withdraw the notice as you were on leave and further if they are allowing you to resign as them for full and final settlement.
It is advisable that you return the company laptop otherwise they can lodge a Police complaint against you.
Writ back to them that you will return the laptop only once your pending salary is cleared in accordance with the terms and conditions contained in your employment agreement.
Situation will be governed strictly in accordance with the stipulations contained in the agreememt.
Dear Sir,
You raise conciliation dispute before labor commissioner under the following provision which protect you if employer lodge any complaint to police that you have wrongfully retained laptop. Further you will legally get arrears of salary and exists formalities as per the directions of labor commissioner.
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Under Section 12 Industrial Disputes Act.
1. Company can file Criminal Case on you for not returning the company owned Laptop.
2. Settle amicably, return laptop and collect eligible salary and proceed with new career, instead of falling into legal trouble, wherein your future would be put in trouble, if the company files criminal case on you.
Keep Smiling .... Hemant Agarwal
If you retain the laptop belonging to the company, they may lodge a criminal complaint against you for this offence and you may be punished if found to have done this offence.
It is your duty to return the company's assets held in your possession, you cannot take law into your hand.
You may send a legal notice demanding your salary, if you are due for it, separately.
Your proposed action may be termed as black mail also which will be more serious.
Better take a wise decision at right time.
