F&f settlement and relieving letter pending for last 3 years
Sandeep Raj
(Querist) 17 August 2014
This query is : Resolved
Hi,
My wife worked in Cognizant and quit almost 3 years ago but She is still struggling to get her F&F Settlement, Relieving and Experience letter.
She has been following with Mr. Senthil and other departments and the whole scenario is too funny I would say. There has been no formality pending from her side as She has not been asked to complete any left over procedure.
The HR department says that She got to pay them some dues and obtain a clearance certificate to get Relieving & Experience Letter. The She spoke to Mr. senthil from finance dept. regarding the amount She needs to pay but he said that after all calculations, The company has to pay her Rs 80,000/- and once the payment is done, HR will get clearance to issue other certificates. He has been promising the payment to be done by end of month since past 10 months. The worst problem is that the Organization is not dealing with freshers but senior engineers with over 10 yrs of experience. I have really never seen such a disorganized and employee unfriendly organization in my whole career which doesn't respect the people who have contributed to its success.
I am planning to take legal action on this since I have all mail communication with me and follow up call detail records. Please suggest way forward.
Thanks.
Devajyoti Barman
(Expert) 17 August 2014
First send a legal notice with a very stern message.
If it does not work then file a criminal case u/s 420, 406 IPC.
However this should be done only if amicable settlement does not occur soon.
malipeddi jaggarao
(Expert) 18 August 2014
I endorse the views of Ld.Expert Shri Devajyoti Barman.
If you serve a legal notice quoting the important correspondence from both sides, they may respond and settle the matter.
R.K Nanda
(Expert) 18 August 2014
agree with experts.
ajay sethi
(Expert) 18 August 2014
issue legal notice for payment of outstanding dues
Rajendra K Goyal
(Expert) 18 August 2014
Send legal notice for the claim followed by suit.
Kumar Doab
(Expert) 18 August 2014
The Company personnel might be waiting to claim that limitation period of 3 years has expired.
Narrate all representations made so far and if possible mention dates, phone numbers, names, brief minutes of discussion, by letter addressed to appointing authority, MD, with a copy to Head-HR, finance, accounts etc.......
Record all calls/meetings(audio/visual).
If she is covered as 'Employee' as in (Name of the state) Shops and Commercial establishments Act, Payment of Wages Act she may approach Inspector....................and as 'Workman' as in ID Act she may approach o/o Labor Commissioner................or civil court preferably under expert advise of her Labor Consultant/Service Lawyer.
The company may yield to legal notice/demand notice or she may have to approach court of law.
Sandeep Raj
(Querist) 20 August 2014
Thanks for all your suggestions. As you all suggested, I would like to send a legal notice to the Cognizant. Is there any format in which I need to draft the notice?
please provide your valuable guidance.
Sandeep Raj
malipeddi jaggarao
(Expert) 20 August 2014
There is no format. Show your papers to a local junior advocate who will this service at reasonable charges.
ajay sethi
(Expert) 20 August 2014
we dont provide formats . engage a local lawyer
Kumar Doab
(Expert) 20 August 2014
Approach a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 22 August 2014
You do not require a format, just write it in a plain language and at conclusion you mention that you are serving them notice demanding the dues, this will suffice of having issued a legal notice.Or, take the help of local lawyer to fulfill the formalities.
H.M.Patnaik
(Expert) 07 September 2014
All said & done have you( i.e. the ex- employee) personally met the concerned authority along with all papers for clinching this issue across the table. I hope this will put pressure on the authority to settle the matter at once.
H.M.Patnaik
(Expert) 07 September 2014
All said & done have you( i.e. the ex- employee) personally met the concerned authority along with all papers for clinching this issue across the table. I hope this will put pressure on the authority to settle the matter at once.
Sandeep Raj
(Querist) 08 September 2014
Hi,
Thanks for all your valuable suggestions. I didn't even need to send them any notice. In my final mail to them, I just pasted the link to this page which has all your suggestions indicating that I am also exploring other legal options. In a week's time, I have got all settlement done. Now the only pending thing is Relieving letter of my wife on which they are actively working. I hope to get it in couple of weeks time. Thanks again.
Kumar Doab
(Expert) 08 September 2014
Dear Mr. Raj,
You are not the first one to state that just by referring the threads at LCI to HR personnel/employers/its legal cell personnel the matter was resolved in a speedy manner.
There are many querist/authors that have affirmed it in threads.................and by PM.
WE are happy that purpose of such forums is being served.
Kumar Doab
(Expert) 08 September 2014
Dear Mr. Raj,
Would you agree to spread awareness amongst the community of employees!
""""THE APEX COURT HAD DECIDED THAT............. LIMITATION DOES NOT APPLY TO PAYMENT OF WAGES…………………………….."""
You may share this too with everyone in the company of your wife and let them share it with their masters..........................and their communities.
There are other employees that may shed their inhibitions, and become properly aware and informed.........................by your efforts too.
Employee should always avoid such PCN (Pre Conceived Notions) and SFP (Self Fulfilling Prophesies) that are preferred and dispersed by deceptive employers and its shrude counsels.
You may visit some other threads too e.g.;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=108402&offset=2#.VA1Y08KSwb8
http://www.lawyersclubindia.com/forum/-punishment-for-lying-during-resignation-108173.asp#.VA1Z6MKSwb8
