• Notice period and Submission of Resignation

Sir

I am an employee working in pvt ltd company and wanted to resign my job and same has been intimated to managing director.during appointment i did nt get any call letter or appointment letter and even didn't signed any agreement.during employment i have taken advance 29000 and now I am ready to pay that also.Now my question shall i give resignation letter and notice period.Now MD has given a complaint in nearest police station saying that employee was dropped without notice .They are also saying that you should work until completion of last year(15-16) accounts.My problem is here that already due date for filling of IT return and also he reduces the tax liability by increasing expenses,these all illegal works will be done by hands of me and he also says that if any IT person asks I will say your name and they will arrest you.He also threatens that " i can Spend 5-10 lakhs to spoil your career" and also says that your status is "my foot"

Please help me to get out from this issue giving suggestions 
1.What hppens if FIR files in the name of me,Is my career is over..?
2.Can I complain in income tax dept.
3.or else simply work wht ever he dictates.
Asked 7 years ago in Labour

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7 Answers

1) record his threats

2) don't bow down to blackmail tactics

3) return advance taken from employer

4) submit your resignation letter and serve one month notice period

5) you are not bound to serve any further notice period as no appointment letter was issued

6) in case any false FIR is filed you have to contest the case. Your career is not over

7) don't complain to income tax department now

8) it would further antagonise your employer

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

1) refuse to prepare false books of accounts

2) liability is of the employer who filed false and fabricated accounts

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

1) you can argue your case in court without engaging a lawyer

2) filing of FIR would affect your chances of getting a govt job

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

1 Do not worry. if your name appears in FIR then the MD would be first person who would be arrested as the beneficiary of misuse of IT Return is the MD and not you.

2. Do not worry. Since there is no notice period or Bond stating the minimum time period of work you can quit the job at any point of time.

3. Since this is a civil dispute if at all a dispute is raised you can not be harassed by police even if complaint is lodged by Police.

4. On the contrary you can lodge complaint with Police stating the threats and blackmailing done to you.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

Please help me to get out from this issue giving suggestions

1.What hppens if FIR files in the name of me,Is my career is over..?

First of all this is not a criminal offence to resign from the job, hence your MD cannot lodge any criminal complaint with police and no also no such complaint is maintainable for the internal issues.

You can challenge him by issuing a legal notice instructing him to restrain from giving such threat calls or else to face a case in the court for criminal intimidation and threats to life.

2.Can I complain in income tax dept.

If there is a tax evasion or if you are being forced to compile records to evade tax, you may make a complaint in writing

3.or else simply work wht ever he dictates.

If you are not willing to be employed anymore you can very well tender your resignation, nobody can force you to work agaisnt your wishes and willingness.

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

What happens or what is the liability of n accountant of pvt ltd company if any income tax rides on such company

The accountant if found to have manipulated the accounts or embezzled funds or is responsible for misappropriation of funds on his own then he may be held liable.

An accountant can be held liable for showing wrong account intentionally for the purpose of avoiding taxation can beheld liable for the wrong doings or this offence.

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

What happens if FIR is filed on name of a person.Cant he get govt jobs in future ,can a person can argue without help of lawyer in court of law.

It depends on what case has been registered and nature of offence.

An accused can argue his case as party in person before court without seeking the aid of an advocate, there is no compulsion on it.

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

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