Query on fnf and relieving letter
Dinesh Gopalani
(Querist) 14 April 2014
This query is : Resolved
Hi,
I want to inquire that I had left the previous company of mine on June, where I was working as a Branch Manager but even after the proper hand-over over the mail I am not getting my relieving letter and FnF.
The reason being provided to me is that there was complaint from one of the client on one of my junior employee during the tenure of my employment, but the complaint was recieved post my leaving the organisation.
Kindly advice how do I get my FNF and relieving letter and also the authorities to whom I can approach for the same.
Thanks
Devajyoti Barman
(Expert) 14 April 2014
Try to solve it amicably. Legal recourse takes lot of time.
Kumar Doab
(Expert) 14 April 2014
Try to resolve amicably.
But maintain a proper record preferably in writing.
You have already left and handedover the charge.
The complaint is against some other employee.
The employees that exist in the company after you have left or employer himself has to attend to the complaint.
The employee can lodge a complaint the moment payment of wages is delayed even if by a day.
The time to pay FNF wages is last day in office,or within say next 3 days or max. by usual pay day.
Demand to supply you the FNF statement thru redg. post for verification and acceptance by you.
The number of employers/HR personnel bent on delaying/deducting/denying wages to employees is ever increasing.
The employees need to unite and rise for their rights or face exploitation.
If employer has defaulted on payment of wages it must have defaulted on EPF,EPS,EDLI, ESIC,TDS…..etc
Employee can approach:
--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
Refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20…………..
The employee should approach within 1 year or has to get the delay condoned.
Employer has to issue wage slip to all employees.
---Inspector under Shops and Commercial Establishments Act
--- O/o Labor Commissioner
----RPFC thru nearest PF office ;The
----ESTC Inspector in jurisdictional ESTC office
--- ITO; TDS where you file your ITR
CIT-TDS (jurisdictional) where company files ITR
There are provisions for penalty/punishment for non issuance of Form16 by the deducator…………..
----Lawyer/Law firm
---Civil Court
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
ajay sethi
(Expert) 14 April 2014
better resolve issue amicably . there is no complaint pending against you it is only against your junior . it should not affect your relieving letter
