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F&f settlement

(Querist) 07 October 2015 This query is : Resolved 
Hi,
I was working for a digital media company (ABC). Under payroll of company ABC.
I got another opportunity in Company XYZ. I served 30 days’ notice period for company ABC as per my employee agreement and my employer ABC accepted my resignation.
However now my company ABC is not providing me Full and Final Settlement.
They are saying that couple of my advertiser are not paying the amount because of that they hold my F&F.
I discussed with my advertiser they said they were not happy with the campaign performance and ABC Company sent a legal notice to then.
I am suffering bcoz as a sales man I was involve. Though in my offer letter it was not mention that my salary or my F&F settlement depend on P&L for the company.
Please let me know in this case, how I should get my full and final settlement and what all options I have. It has been more than a month and I am still struggling to get my F&F settlement.
Thanks!!
Kumar Doab (Expert) 07 October 2015

XYZ is not happy with campaign performance and the campaign is most probably not designed by you.
If you have booked the order then it is because the company has asked you to sell its product.
The order is not fake.
Collect copy of legal notice and communication of the company XYZ that it is not satisfied.

ABC has already sent legal notice to XYZ.

Has the company declined to pay in writing?
Have you written under proper acknowledgment to appointing authority,MD,Chairman (avoid HR/Line Managers)?

You have posted that :
"I am suffering bcoz as a sales man I was involve. "

As a sales man you should be covered by the def. of 'Employee' as in Shops and Esbs Act, ‘Workman’ as in ID Act and may approach:

Employee’s/Trade Unions : The intervention by unions may fetch you fast results.

Inspector appointed under : Shops and Esbs Act (If you are be covered by the def. of 'Employee' as in Shops and Esbs Act and establishment is covered by the Act. This Act may not be providing for discrimination between ‘Workman’ and ‘Non Workman’.)

Inspector appointed under; Payment of Wages Act (if your wages as per def. of wages in the Act is upto Rs.18000/pm. This Act does not discriminate between ‘Workman’ and ‘Non Workman’.)

Higher Officials of Dept. of labor (State/Central) as applicable in your case)

O/o Labor Commissioner (State/Central) as applicable in your case)

Your counsels may opine that you can file complaint u/s406,420…………………..winding up petition…
Rajendra K Goyal (Expert) 08 October 2015
Well explained by the expert Kumar Doab.
Robiul (Querist) 08 October 2015
Some correction My New Company is XYZ. One of my Advertiser "PQW" is not happy with the campaign performance.

ABC has already sent legal notice to PQW.

As of now i didn't sent a mail to my CEO.

But over the phone call My HR manager said "CEO instructed her not to clearer F&F because of pending payment from the advertiser.


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