Not giving fnf
Priyanka
(Querist) 28 July 2015
This query is : Resolved
I was working in a private company. i joined over there in jan 2014. in appointment letter 45 days notice period was there.
In jan 2015 they provide revised appointment letter with 90 days notice period.
I put my resignation in march 2015. So according to revised appointment letter m not a permanent employee. and i served 45 days notice period.
accrding to me..
Point 1 ) Employer should intimate me, that if u don't served full 90 days your money will get deduct. but employer didnt intimate me.
Point 2 ) M not a permanent . so y should served 90 days.
n in the FNF, Employer deduct my FNF amount of 45 days.
So, i want guidance.. Can i claim? that i m in probation period.You cant deduct salary of 45 days.
Please suggest
Kumar Doab
(Expert) 28 July 2015
You should provide full information, pointwise!
What is this establishment registered as: Commercial, Industrial?
What is its line of business: IT,ITeS, banking etc?
How many maximum persons are employed in it at any point of time, before and after your joining?
The Redg Office, Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
Did you have any power to sanction (not just to recommend) leave/increment/appoint/terminate?
Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter and/or were these given to you before/alongwith/after signing appointment letter? Is it stated that service conditions shall be governed by say HR policy?
What was your monthly salary?
Was any salary slip of each month, PF number with a/c slips, ESIC card,Form16 given to you?
Did you sign the acceptance of revised appointment letter?
What was the probation period inserted in appointment letter and revised appointment letter?
Was your service confirmed in writing?
Is it stated in both appointment letters that if notice period is not tendered by employer/employee the notice pay shall have to be tendered by both employer/employee?
Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?
Does the FnF show the earned wages,OT,Bonus,leave encashment,reimbursements also?
Have you signed the acceptance of FnF statement?
Has the service certificate, relieving letter,form16, acknowledgment of notice of resignation , acceptance of resignation been supplied to you?
Are you a member of any employee’s/Trade Unions?
ADV-JEEVAN PATIL, MUMBAI
(Expert) 28 July 2015
I feel u should comsult local lawyer. However whilw on probation period no employer lehally deduct for notice period.
Rajendra K Goyal
(Expert) 29 July 2015
Revised appointment letter and notice period was issued to you after your acknowledgement which you have to follow if you have not refused to accept it at the time of issue. Regarding position of permanent service, the appointment letter need to be referred, consult local lawyer.
Priyanka
(Querist) 29 July 2015
But from jan 2014 employer didnt given permanent letter..
so,
from both appointment letter m consider as its a probation period.
so they should not cut my FNF amount.
So now employer saying u r here from jan 2014 . so u r assumed as a permanent employee.
P. Venu 
(Expert) 29 July 2015
You may serve a Notice, preferably through an advocate, requesting refund of the money deducted.
Kumar Doab
(Expert) 29 July 2015
The notice period of 45 days and 90 days may not necessarily be applicable to you................and may not be more than 30 days.
You have not replied to all points, pointwise, hence no proper analysis could be made.
If you are unwilling to reply approach a lawyer in person.
