too much delay in settling my full and final settlement
Parasuram Bhukya
(Querist) 24 September 2016
This query is : Resolved
Sir I have joined a telecom company in oct-2015, I joined this company same day when thay interviewed me on the aggrement of 1 month basic by back policy but unfortunately I didn't took it on writing but after one I have mailed them for pending 1 month basic salary as they committed, they asked me old Employers appointment letter that also I gave them, one more issue is as per new joining policy I'm eligible for 15 days hotel stay or own accommodation I took 10 days own accommodation approval from reporting manager, I sent all those printed copies to finance but they asked me hr head approval I went for approval but hr not approved said he did not promise me for that accommodation, I disturbed because they did not settled 1 month basic now own accommodation also rejected then I went to my immediate manager he also tried but get positive response, I have requested fighted with them many times one they called me office asked me to Resign so I have Resigned , as per company policy 3 months notice period has to be served or Company will pay you 3 months salary they recovered all things from me payed 2 months salary my last working day was June 18th, after 18th and within 45 days f&f must be settled but still settled, Please suggest me shall I go legally? ?
Guest
(Expert) 24 September 2016
Mr. Parasuram,
Your description is quite vague, as if academic question has been tried to be manipulated to carve our some hypothetical problem.
On one hand you say that the notice period for resignation was 3 months, but on the other you have stated that f&f has to be settled within 45 days. How that can be possible in contradictory statements.
By the way on what date did you submit your resignation and whether you received reliving letter or not?
Kumar Doab
(Expert) 24 September 2016
Apparently; you were assured to be paid notice pay buy back of 30 days and a sum equivalent to 15days for stay in hotel for joining.
However it is not in writing.
Also the interview committee members that committed it verbally have not confirmed it to payroll/HR.
You were asked to resign and you obliged and placed your resignation on platter.
You have 90days notice period and probably the establishment has not computed in FnF statement/settlement and has also not issued relieving letter to you.
Is it?
Confirm!
Parasuram Bhukya
(Querist) 24 September 2016
not received relieving letter either resignation acceptance too
Guest
(Expert) 25 September 2016
Mr. Parasuram,
Forget it now. By resigning with short notice priod, it is you, not the company, who has become liable to pay salary for the period short of notice period.
Kumar Doab
(Expert) 25 September 2016
Apparently you have not recorded (audio/visual/minuted/witnessed) the notice pay buy back of 30 days and a sum equivalent to 15days for stay in hotel for joining, relocation charges.
You need the members of committee that interviewed you to confirm it.
You negotiated notice period of 30days while joining (entry) but accepted 90days notice period while leaving (exit).
You did not negotiate well.
Apply your skills to resolve and get FnF statement,FnF dues, salary slips of all months, acknowledgment and acceptance of resignation, service certificate, relieving letter with good comments,NOC/NDC, Form16, PF number and a/c slips,ESIC Card etc..............
If you are unable to resolve on your own, lean on your able counsels.
Raj Kumar Makkad
(Expert) 25 September 2016
No more to add as you have rightly been advised on all aspects of the query.
Kumar Doab
(Expert) 25 September 2016
It is the HR Head that promised the notice pay buy back of 30 days and a sum equivalent to 15days for stay in hotel for joining!
Is it HR head that asked you to resign?
If yes: HR head has removed as you were becoming a liability (on him) and a threat (on him).
If you can establish that you were asked to resign; then it be deemed as termination and you may be eligible for payment of notice pay of 90 days by company to you.
Guest
(Expert) 25 September 2016
Kumar ji,
Probably, you are trying to assume his query to be a real problem. Even, if a real problem and the HR Head would have assured him to pay one month salary, he can't go beyond the written terms & conditions of appointment of the author.
Kumar Doab
(Expert) 25 September 2016
Shri P.S.Dhingra,
The author if facing a situation has to act in real life on real life matter.
The suggestions advanced to him can help him.
If he is in real life situation but unable to resolve by his own skills he may lean on his counsels.
Guest
(Expert) 25 September 2016
Your sweet will, but I can't endorse your idea.
Kumar Doab
(Expert) 25 September 2016
It is upto the author to defend his interest, if he has a real life situation.
Guest
(Expert) 25 September 2016
No further comments.
Kumar Doab
(Expert) 25 September 2016
Author @ Parasuram Bhukya,
Post further if you have a real life situation.
Parasuram Bhukya
(Querist) 25 September 2016
Kumar doab sir company already paid me 2 months salary in which 90 days notice period but last month settlement is pending, that time they have taken a advantage of my patience, when I pressurised them they just told me that you are not performing as per company extraction, by that time I fed up with asking for pending 1 month basic and own accommodation that's when asked me put pepar I have Resigned
Parasuram Bhukya
(Querist) 25 September 2016
they kept me in pip but not observed 3 months performance as per pip
Parasuram Bhukya
(Querist) 25 September 2016
What ever is happened with its real life situation I faced,
Guest
(Expert) 25 September 2016
May be, but mistake on your part cannot be reversed at this stage.
PIP is normally a prelude to show the emloyee way out.
Your information, "they kept me in pip but not observed 3 months performance as per pip" is not relevant in resignation case. Had you not submitted your resignation, they could not have shunted you out before completion of PIP period.
Raj Kumar Makkad
(Expert) 25 September 2016
Voluntary submission of resignation on your part has taken away all your otherwise applicable rights which you could have used therefore no question mark can be raised over the action of the management.
Parasuram Bhukya
(Querist) 25 September 2016
I don't think you both undarstand what I have written sir? There is a too much delay in settling full and final settlement company not denied, whenever I'm asking them they saying will get by this week
Raj Kumar Makkad
(Expert) 25 September 2016
You in that eventuality serve the company through a legal notice to be issued by a lawyer claiming therein no only your pending dues but also interest and compensation.
You are right in your observation that I didn't go seriously in your last postings.
Guest
(Expert) 25 September 2016
If we have not been able to understand what you have written, then what for you stated, "Kumar sir you're correct" and what was the use of extending the thread too far with other extraneous matter, like PIP, etc. and non-observance of the PIP period of 3 months by them?
OK, if your full & final has been delayed very much, you send tham a legal notice then file a case with the laboutr court, if permissible, as per your status, or a summary suit in a competent court to recover the amount
For that you may hire services of some local lawyer. Fine!
Rajendra K Goyal
(Expert) 26 September 2016
If company is delaying in payment of F&F payment with interest etc., send legal notice followed by case, discuss with local lawyer.
Guest
(Expert) 26 September 2016
You are welcome, but always with clarity of your problem.
Parasuram Bhukya
(Querist) 26 September 2016
Sure the real life thing is due to too much English I couldn't explain well, thank you
Kumar Doab
(Expert) 26 September 2016
English is not our Mother Language.
Majority of the work is done in English.
It is clear case of vindication.
Within 2 month of joining the employee is included in PIP to ease him out and save their own job.
Approach employee's/trade union leaders and a very able Labor Law Consultant/service matters lawyer.
Let these buggers taste their own recipe from seasoned counsels that can drill sense into the heads.
