Asked in Employment or Labour
Your strongest defense against the company loan claim is the lack of a formal loan agreement and your salary slip indicating salary advance adjustment You can file a substantial counterclaim for your unpaid dues before the DIAC
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Your strongest points appear to be: absence of formal loan documentation, payroll characterization as “salary advance adjustment,” existence of unpaid dues/counterclaims, possible accounting inconsistency.A counterclaim can materially reduce or neutralize the employer’s recovery claim if supported by documents. Evidence that becomes important You should organize: offer letter, employment agreement, arbitration notices, salary slips, bank statements, emails/chats about advance/incentives, reimbursement approvals, resignation acceptance, full & final settlement correspondence, HR/accounting records, For further information contact me on. 9616033365
Firstly reply to the legal notice and arrange your all documents like Salary slip, bank statement, and ask the company to show the loan amount transaction. For more information contact on 8882473232 Regards Ankit Advocate Delhi High Court.
Your matter is not that simple now because arbitration has already started and company has officially raised recovery claim against you. From what you have written, one important point in your favour is that there seems to be no separate loan agreement or repayment condition. If salary slips are showing “salary advance adjustment”, that can help in defence. At the same time, these matters depend heavily on documents and how the case is presented before arbitrator. Many employees make mistake of ignoring notices or giving casual replies which later creates problem. You should immediately keep all records safely: offer letter, employment agreement, salary slips, bank statements, mails, chats, resignation related communication and arbitration papers. There may also be scope regarding pending incentives, reimbursements and settlement dues, but proper strategy can be decided only after checking complete documents. You can contact me if you want detailed legal guidance and defence strategy after document review. Advocate Utkarsh Mehta Nagpur High Court
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