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RaviK D (Project Lead)     19 February 2012

Company not relieving even after serving notice period

Hi,
I am working in Sebiz Infotech (subsidiary of NetSmartz) in Chandigarh . I served
this company for 5 yrs and 2 months. I resigned on 6the Jan 2012. Company has to pay
around 3 lacs which includes gratuity, my retention amount and my salary. As per
Offer letter I have to serve a notice period of 45 days. There is also one line in
offer letter theat says "Not withstanding thee notice period, it is clarified that
you shall not be relieved from thee company until completion of project assigned to
you at that particular time period".
There was a project assigned to me which I have to deliver for testing on 15Feb and
whose market release was on 16 March. When I resigned my managed ask me to complete
this project before relieving. I tried my level best to achieve this thing and
deliver the project for testing on 5the feb. Now they are saying that product is not
as per their standard. Few features are missing and contains lot of bugs. I told
them I can't add the features as it may take lot of time and but i will fix bugs.I
tried to fix all bugs and given project for testing twice.
Now on 17the Feb, which should be my relieving day, they told me that since project
is not ready so either extend your notice period or they will provide me partial
relieving ( which means giving relieving papers not money). Money would be provided
only when project is market ready. In morning I was not ready for this thing but
after lot of negotiations I get ready for this also. I was also ready to help them
offline. When I was ready for partial relieving they told me that they won't provide
me my relieving letter and work experience.

Now even after serving 45day notice period, company is not providing me my relieving
letter and my money.
Please suggest me what should I do now as I have to join another company on 20th Feb?



Learning

 16 Replies

Kumar Doab (FIN)     19 February 2012

You have posted that:

-"When I was ready for partial relieving they told me that they won't provide
me my relieving letter and work experience."

"Now on 17the Feb, which should be my relieving day, they told me that since project
is not ready so either extend your notice period or they will provide me partial
relieving"

It is believed that you have not expressed your readiness in writing.

Notice period can not be infinite. Your company staff who have been pressurizing you also knows it that is why they asked you to extend your notice period.

-""Not withstanding thee notice period, it is clarified that
you shall not be relieved from thee company until completion of project assigned to
you at that particular time period"."

It is matter of goodwill to complete the tasks on hand. However notice period shall remain to be at 45 days.

It is the duty of line management/HR thus company also to assign those tasks which can be completed during and within effective date of resignation, and take charge on effective date of resignation.

Moreover you have expressed willingness to help the company even after last day in office and thus have shown responsibility.

Your wages shall have to be paid.

You may try by submitting a letter by registered post (followed by email) to good offices of your appointing authority, MD, Head-HR, Company Secretary by mentioning that you have helped the company out of the way and are still willing and ask to supply you by redg/speed post only acknowledgment and acceptance of your notice of resignation and acceptance of resignation, work experience/service certificate, relieving letter, FNF statement, settlement of you’re a/c and payment of dues by bank DD only favoring you payable at………..your location, form 16, PF number/accumulation reports/withdrawal-transfer forms, gratuity,  NOC/NDC etc and postage prepaid self addressed envelope for redg/speed post is enclosed, so as to reach you say within 7 days.

If the good offices do not provide relief to you, you may lodge a complaint with o/o Labor Commissioner/wages inspector. You may show all record, documents to a competent and experienced service lawyer and give inputs in person and your lawyer may choose to issue a legal notice.

For gratuity you can lodge a complaint with statutory authority which may be ALC/DLC in your case and for PF (transfer/withdrawal) you can lodge complaint with o/o concerned PF commissioner.

Your company may try to charge you for having caused loss. However you and your lawyer can counter it if your company has not issue any memo/charge sheet so far, it may benefit you.

Sourabh (Account Manager)     24 February 2012

Hi Sir,

i just want to share the problem i am facing and want guidance from your side what best i can to to get the things done for me.

I was working with a sales organization as account managaer and my duity was to get new business for the company and taking followups with clients for Business related thing like new order, service and payments. In that company my increment was done on Nov 2011 but they Delayed that for 6 more month and they are not provided the other office expences also for 3-4 month because of that i start giving intervies with different companies for better things, and finally got the job. the day i received my offer letter in Submitted the Resignation by mail marking CC to HR, Reporting Manager, Branch Manager etc. and mentioned that i will serve the one month Notice Period as per company Policy and after 30 days of the date of resignation will not able to continue with the company.

I was waiting for the Acknowlege and approval for my resigantion but nothing came, finally on my 25th day of notice i again mail my Branch manager for Approval for my resignation but agin no reply came. Finnaly after my notice period i joined the new company.

During my notice period i followup with all my customer and get the payment done but payment from a single client is pending as they are having some fund issue. so at last day i have forwarded the all information about the Customer to my Manager and Admin Officer.

In my Resigantion i have very clearly mentioned that i will not able to come after 30 day of my resignation and requested for providing my Experience and Reliving letter Before that day as i need to submit to the New company, But they are not providing the Letters and FNF saying that are on hold and they will not provide untill and unless we get the full payment from Client. Customer is having some isser in paying the Outstanding amoung so it will take time to do that for them.

There was no personal Dues left from me towards the Company and Customer information i have forwarded to the my Reporting Manager with all the updates on the very last day of my Notice Period. For you more information on this Transcation i have processed this order after getting all the Approvals from Branch Manager, Finance  and other Autherity.

Now they are clearly saying they will not provide any certificate and FNF and they will take legal action against me also if the payment not came as i was handling this account. They are saying will not relive you untill and unless they get the full payment from client and as per client it will take 3-4  months to clear the payment

I need to submit my Letters in my new company and i did everything what i can do from my side.

Please advise me what best i can do to get My Experience and Relieving Letter from Company as i was not did anyhing worng and i did everything as per my comapny Policy.

Regards
SOURABH

Sourabh Shrivastava

 

 

 

Kumar Doab (FIN)     24 February 2012

You have posted that "During my notice period i follow up with all my customer and get the payment done but payment from a single client is pending as they are having some fund issue. so at last day i have forwarded the all information about the Customer to my Manager and Admin Officer."

if the customer has issued the acknowledgment of stock supplied vide bill raised by company to customer then no employee is responsible for the payment of the stock. It is a business transaction between company and client and company can call back the stock, charge interest and penalties as expressed in their contract with client, or sue the client.

Your earned wages shall have to be paid by the company along with due documents/certificates.

You may submit a gentle letter under acknowledgment addressed to the good offices of  your appointing authority, MD, Head-HR, Company Secretary and explain that you have served the notice period, submitted all company property, handed over the charge and despite your representations dated...........to mention names, dept, designation on dated...........by phone/email/letter/in person your following earned wages and certificates ( mention detail) has not been paid to you and you are seeking the intervention and relief from good offices. You may demand that your dues may be supplied to you by bank DD only thru redg/speed post only so as to reach you say within 7 days. You may issue a follow up email. You may issue a reminder say after 5 days and finally after 7 days you may mention that you shall be constrained to approach the o/o lawful authority.

If the good offices do not grant any relief you have the reason to lodge a complaint with o/o labor Commissioner/Wages Inspector.

Or you may approach a competent and experienced service lawyer with all records and give inputs in person and your lawyer may advice to issue a legal  notice.

Sourabh (Account Manager)     27 February 2012

Dear Kumar Sir,


Thank You Very Much for your Valuable Advise..it is really a gerat help.

s.p (Regional Manager)     09 October 2013

Dear Mr.Kumar,

 

I am facing simillar problems , i am working with a company at senior position as Regional Manager

my main job was to develop a region : there are few customers where significant amount of money got stuck , most of customers have started releasing part payments barring two where almost 40 % of money is stuck.

 

we have customer PO , Post dated cheques, Acknowledgement of goods supplied , invoice ack, Minutes of meeting mentioning commitments dates for releasing payments.

 

however due to liquidity problems customers are not able to honour their commitments :

 

our notice period is 10 days however i have served more that 70 days :

 

now company is putting pressure on me that i have to with them till the time they get full payment or atleast 50 % - 60 %.

now in my opinion it will take @ 2-3 months, customers are ready to pay interest , Minutes of meeting has mentioned this also, moreover we have taken in writting from customer that there is no quality issue , no invoicing issue , no other pending work from my side still company is not relieving me.

company is thretening me on this that they will not give Relieving letter , they have hold my salary for last 2 months

i have discussed with VP , CEO and HR on this but no use.

 

what if i leave this jpb immed ?

 

Kumar Doab (FIN)     09 October 2013

 @ S.P,

Always start a new thread.

Hope company and its officials have requested you to stay with company for another period of …………………..days on payment of regular wages after notice period and you have unbeatable evidence.


 

 

This VP, HR are not your employer. They are another employee in the company.

Represent to good offices of appointing authority, MD of the company by redg .post.

Build proper, unbeatable written written record while in employment.

The orders are placed by customer/dealer/stockiest and against a confirmed order (company can put proper check list to confirm) once the company is satisfied orders is matured and bill is raised and stock is supplied.

Let us assume that the company was in launch phase and a demand for altogether new company (probably unknown) and unknown brand (probably Me Too kind of product) is to created thru Sales Team (what is their quality, experience and competence and the quality of training, inputs, strategy provided to them)…………………..It takes time.

The demand and sales can depend upon multiple factors out of control of the employees.

 

The dip in sales can be due to various factors and it can be pan office/dist/region/zone/India………………..

Usually companies grant extended period of credit in such phase.

Normally dealers also demand that payments be agreed to be made on ‘Sales Basis’.

Company does not raise the bills in the name of employees……………..

Regional Manager is not recruited as a dealer. All staff shall work to realize the payments. But employees are not expected to pay.

 

Company has all the docs to safeguard its interest and even concurrence for payment of interest for delay (even if stock is not sold from the shelf of dealer) and then even minutes of meeting.

There seems to be no pendency at the end of Regional Head that has cooperated to a great extent.

 

Company has the discretion to call back the goods and realize interests as stated in its agreement with dealer or as stated in T&C printed on bill etc…………………

Earned wages can not be stopped.

Non payment of wages is a valid reason to term the employer as unworthy of being employed with. Employee can lay demand for waiver of notice period in exceptional circumstances of non payment of wages which is to be paid on fixed date.

 

You should communicate in writing that you have worked for period beyond dated…………………….on request of Mr/Ms………………………………..( include all names) so as to help the company for another ………………………..days, and all wages as stated in appointment letter and salary slips issued to you month after month ( if issued) shall be paid to you ( record proof even if audio/visual or in writing). And that you have been generous, have not left any task pending, still company has not paid you the wages from month of ………………………….. and you can’t work beyond………………………dated………………………….. ( if possible give another 10 days notice).

Demand( Obtain) acknowledgment, acceptance, service certificate, relieving letter, correct FNF statement for acceptance by you, payment of FNF dues by bank DD only, PF number/account slips for total tenure of service, salary slip of all months, ESIC number/card, Health insurance card ( buy a individual policy now as company shall terminate its group policy on any day or even might have), Form 16 as per correct FNF statement, NOC/NDC, acknowledgment of company property/handover of charge etc………………………..

Firm up preferably in writing with your next employer that current employer shall not be issuing acceptance of resignation service certificate, relieving letter, FNF statements etc………….and you should be properly appointed on the strength of copy of resignation and its POD only.

 

It might be difficult to cover a Regional Head under the definition of ‘workman’ as in ID Act or as ‘Employee’ as in Shops and Establishments Act………………

However visit a local labor consultant/service lawyer along with copies of job advertisement, job application, interview call letter, selection letter, offer letter, standing orders applicable to the company (certified or model and extended to your designation) appointment letter, service agreement , notice of resignation to your lawyer and proceed under expert advise of your lawyer………………………………The lawyer that has seen your entire docs and has analyzed your inputs can advise you the best.

 

The unorganized/non united employees are easy targets. The employees which have unions/guilds/IC/association and are members of trade unions are not easy targets.

Does Company have its office at your locations/state? Has it supplied PF number, PF a/c slips, ESIC Card, Form 16 etc, service certificate,……. 

Open as many fronts as you can

Employee can approach:

>> Lawyer/law firm: legal Notice can drill sense into the heads.

>> Trade Unions.

>> Inspector under Shops and Commercial Establishments for payment of wages/settlements upon separation.

 

>> 

Inspector under Payment of Wages act (applicable to all employees drawing wages as per def. of wages in the act up to Rs.18000/pm)

2. Definitions………3*[(vi) "wages" means………………..(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

 3. Responsibility for payment of wages
4. Fixation of wage-periods.
5. Time of payment of wages.-
7. Deductions which may be made from wages

>> Civil Court: The limitation period may be up to 3Y in your case.

>> RPFC in o/o PF Commissioner

>> Inspector in Local/jurisdictional ESIC office………….

>> ITO-TDS at location where employee files ITR, jurisdictional CIT-TDS at location where company files its ITR………………

 

There are threads to indicate employees have been contemplating to lodge criminal complaint under sec 406/420………………………..and approach employers as Creditors treating the employer as Debtor and unpaid wages as debt on employer…………….

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment

s.p (Regional Manager)     11 October 2013

Dear Mr.Kumar,

 

Thanks for kind courtesy extended.

 

first i have sent following message to my boss but no reply :

"

Regarding action plan , as you are aware we are trying our level best in terms of getting commitments ( no regret dates) , understanding echo systems , maintaining and increasing pressure.

 

We are trying to grab as much details as we can.

However things are not moving as fast as we need .it seems it will take some time.

 

Now regarding action plan : I feel I have tried my level best and extended all support that I can.

 

Now there is hardly any value addition that I can add.

 

We are able to get end customers and suppliers details in most of cases barring xxxxx , however in spite of our best efforts we are not getting exact contact person.

 

And customers are also very reluctant to contact their end customers.

 

Now regarding my two mails :

 

First I needed just one day leave on coming Monday : it was not for leisure , as we have some religious traditions to follow and my native is @ 500 KMS from Pune so coming back on Sunday itself was not possible

 

Regarding my second mail : as there was no firm dates were given for my last relieving , like last month again my salary was considered under F & F : ideally as discussed salary from 25.09.13 to last working day in Oct.13 should have been considered for F & F.

 

So as I have made arrangements to shift my base to my native on 30.10.13 , I will not be able to continue further.

 

If my presence is not helping to cause and not adding any value then pl. relieve me on 11.10.13

 

Hope you will understand my point of view.

 

BEFORE THAT FOLLOWING MAIL : BUT NO REPONSE

 

Kindly guide on my last day of working as I have not received salary for Sept.13 as it would have been considered In F & F

 

 

Requesting you to relieve me latest by 29.10.13.

 

I have made necessary arrangements of shifting my base to my hometown on 30.10.13 morning.

 

 

Regards,

"

then i send followwng mail to HR with a copy to my boss

"Dear XXXX,

 

Pl. find attached herewith statement showing expenses sent and reimbursement received

 

Against salary for Aug. 13 and reimbursement : total amount was : INR xxxx

 

Reimbursement received : xxxxx

 

Pending amount :  xxxx

 

 

In addition to this I have not received salary for Sept.13 ,

 

 

1.       If it is considered under F & F : then what will be my last date of working

2.       If last date of working is not fixed then how it was considered under F & F :

 

 

Pl. revert back.

 

Also requesting you to confirm my last date of working ASAP , as I have already served notice period.

 

In addition  to above expenses , salary for Oct. 13 and expenses for  Sept. 13 And Oct. 13 to be reimbursed

 

 

BUT AGAIN NO REPLY 

 

 

SO SHOULD I SEND FOLLOWING MAIL TODAY FOR MY LAST DAY OF WORKING

 

Dear XXXX,

 

As I have not received any reply and I have already served notice period.

 

Requesting you to consider my last date of working as 15.10.13.

 

I will hand over assets to Admin. Dept. at Pune on 15.10.13

 

Also pl. process my F & F it should include : ( otherwise I will fill it and send it to you to save time)

 

1.       Salary for 25.08.13 to 25.09.13

2.       Salary for 25.09.13 to 15.10.13

3.       Pending expenses reimbursement

4.       Reimbursement for Sept.13 and Oct. 13 ( already sent to you)

5.       PF

6.       Also send relieving letter along with experience certificate

 

I once again thank you for cooperation given and requesting you to send an email confirmation of the same , non-receipt of the same will be considered as acceptable.

 

 

I have completed all handover formalities : all handover documents duly filled has been handed over to  finance.

 

 KINDLY ADVICE

 

Kumar Doab (FIN)     11 October 2013

 

You have posted that:

 

 

I have completed all handover formalities : all handover documents duly filled has been handed over to  finance.”

Submit all docs with covering letter and mention a list of enclosures. Keep copies and obtain proper acknowledgment.

It shall be better to transfer the PF to next employer, keep the a/c active for at least 10y and be eligible for pension.

If you have decided to withdraw the PF, submit PF withdrawal forms under proper acknowledgment from company and demand original acknowledgment issued by PF office thru redg. post. Emails may be avoided.

Describe the  amounts of salary and expense reimbursements and your permanent address where you want all communications and payments by bank DD only thru by redg. post 

Mention that you had submitted notice of resignation and you were requested to serve the company by Mr/Ms……………………….and now these communications should be treated as notice from the date of …………………………..and expiry of notice as on dated……………………and last day in office as dated………………

Try to obtain communications addressed to at your permanent address………………….

 

Approach your lawyer and asses in case of a dispute if you can agitate at your permanent address or you shall have to file at last location or location of jurisdictional courts as stated in appointment letter…………………………………….Employer are known to scream for location of jurisdictional courts as stated in appointment letter.   

It shall be appropriate to approach a competent and experienced service lawyer with all records and give inputs in person and proceed under expert advise of your lawyer.

s.p (Regional Manager)     15 October 2013

Dear Mr.Kumar ,

 

Today morning my HR has sent me following mail :

 

This is in reference to your resignation mail stating to consider 15th October, 2013 as your last working date. We are surprised to receive such an email from you when it has already been explained to you innumerable times that your position in the Company involves lot of responsibility. You are the sole representative of the Company in the west zone and have single handily dealt with the customers of the Company. Though the finance team of the Company has been introduced to these customers, you are aware that the negotiations/meeting with these customers is still in process. You are required to be present for such meetings as the customers of the Company have faith in you. We expect you to cooperate and assist the Company to recover its outstanding dues which are maximum from the west zone.  All these activities are necessary for your proper exit.

 

Please continue the above to the best of your capability, and get a sign off on acceptance from our side. Once completed, we will ensure that you last working day is declared within 72 hours of completion. You will continue to earn salary as per your eligibility till the last day of your tenure.

 

On your re-imbursements till then, the same will be carried out as usual every 25th of the month. As regards your salary, you will be paid 75% of your dues on salary dates, and the balance with any additions for your efforts, shall be paid out in your F&F.

 

In case you choose to leave the Company on the date decided by you i.e. 15th October, 2013 please be informed that as per your Appointment Letter and Non-Disclosure Agreement you are not entitled to immediately join any direct competition of the Company and/or divulge, communicate or pass on any information in any form, related to any aspect of the Company to anyone outside the Company. In case, it is found that you have joined any direct competition of the Company  and or divulged private and confidential information, the Company shall be entitled to initiate appropriate legal proceedings against you.

 

 

 against which i have sent following reply :

Dear xxxxx,

Thanks for response.

Regarding sign off : we have already done MOM with customers and there is hardly anything in terms of value that I can add.

So I will stick to my decision of today being last day as still you have not confirmed me my last date of working and I can not continue it this way.

Also as far as business is considered it was team effort and customer liked our business proposal so they dealt with us.

Me and team were facilitators.

As far as salary is considered if last date of working is not known then why I should get 75% of my dues .


Anyway as I have made my decision and served complete notice period as
my resignation date is 23.08.13


Also as far as joining direct competition immediately and not sharing any information related to company to anyone outside I am assuring you that I will
Not join direct competition who are into similar business immediately and will not disclose any information.

Now pl. Ask admin dept. To accept laptop which I was using along with photon data card.

Also send F& F asap so as to send it to you today itself .


Once again thanking you for kind courtesy extended and support offered and wish everyone all the best for future.

 

after that i sent one more reminder :

 

Dear XXXXX,

Awaiting for F& F form so as to get relieved today.


Also as Admin. Dept was not ready for accepting Laptop and tata photon as they have not received confirmation from your side.

Kindly note I will be available in Pune till next week end after that I will be at my hometown so kindly arrange for required communication to admin. Dept.

Thanks and regards

 

 

 

kindly advice as from tomorrow onwards i am not a mood to work for this company as i feel this company is opportunistic without having regards for employees

 

 

Pl. advice

Kumar Doab (FIN)     16 October 2013

 

 

You have posted that:

 

 

>> “We are surprised to receive such an email from you when it has already been explained to you innumerable times that your position in the Company involves lot of responsibility. ‘

Anyway as I have made my decision and served complete notice period as
my resignation date is 23.08.13”

The company has set the notice period and has inserted it in appointment letter crafted and drafted by it. This is the max. period employee can be asked to serve. This period is deemed to be found fit and sufficient by employer to install replacement and put its house in order.

You have extended the period and continued to serve the company as per its demand/request and this can not be extended infinitely.  

>> “Once completed, we will ensure that you last working day is declared within 72 hours of completion. “

If any replacement was installed by the company that employee should have be in the shoes of employee that has resigned. The charge is handed over to HOD so if no replacement was installed the reporting authority/HOD should have taken over.

>> “You will continue to earn salary as per your eligibility till the last day of your tenure.”

Company has thus affirmed that it had asked to continue in employment and has affirmed to pay wages at the usual rate. Notice period can not be extended infinitely. 

>> “As regards your salary, you will be paid 75% of your dues on salary dates, and the balance with any additions for your efforts, shall be paid out in your F&F.”

This condition stated in writing can be termed arbitrary, unreasonable, illegal, unlawful……………..

The deductions that can be made from earned wages are well defined in Payment of Wages Act, Shops and Commercial Establishments Act……………………………….

Moreover you do not seem to have any bilateral agreement with employer to deduct 25% of wages when you shall separate and some MOM has also been done.

Any deduction/fine should be shown in pay slip and pay slip should be signed by employer and employee.

 

>> “you are not entitled to immediately join any direct competition of the Company’

The Indian Courts have consistently declined to enforce Non Compete Agreements/Clauses after the employment is terminated. It amounts of Restraint of trade that violates Sec 27 of the Indian Contract Act and is void. In the garb of confidentiality employee should not be deprived from right to earn livelihood.

>> You have affirmed to handover the company property and company has declined to receive it under acknowledgment. You have also supplied the information that you shall be in the HQ town for another week. Ideally company should depute some competent and empowered employee to receive the company property under acknowledgment.

Mention full address of hometown and thereafter prefer to decline to communicate by email and let company supply you letters by redg. post at your home town address.

It shall be appropriate to approach a competent and experienced service lawyer with all records and give inputs in person and proceed under expert advice of your lawyer.

 

The lawyer that has seen your entire docs and has analyzed your inputs can advise you the best.  

s.p (Regional Manager)     31 October 2013

Dear Mr.Kumar,

 

I have send my F & F documents through speed post against which Company has sent me one notice through Legal Department :

 

which says :

 

company is not aware of sudden resignation and it was never accepted.

 

Also company has threatened me to take legal action if i do not work with them till recovery of full receivables .

 

pl. ad vice

 

also if possible pl. share your email Id so that i can forward legal notice which company has sent (it is non juridicial)

Kumar Doab (FIN)     31 October 2013

 

 

As already suggested visit a local labor consultant/service lawyer along with copies of job advertisement, job application, interview call letter, selection letter, offer letter, standing orders applicable to the company (certified or model and extended to your designation) appointment letter, service agreement , notice of resignation, legal notice, all correspondence, to your lawyer and proceed under expert advise of your lawyer………………………………The lawyer that has seen your entire docs and has analyzed your inputs can advise you the best.

 

 

 

 

 

You may post in this thread as long as you want.

 

If you wish you may attach the legal notice in this thread. However you may erase the names etc to maintain the confidentiality.

 

The matter has been discussed at length.

 

The resignation can be without notice or permission. If employer has inserted notice period in T&C of separation then it is deemed that employer is sensible enough to realize and understand that this period is sufficient for him to settle all matters and put his house in order during this much period of notice.

 

All companies that are engaged in sale of products realize that the goods supplied by it as per T&C it settles with its customers.

The employee shall only implement the policies of the company.

If in any transaction employer finds that some policy has been violated by employees it is free to not to supply the goods to customer.  

The employer or promoters settles another set of T&C with its customers and for any transaction between it and customers it should deal directly between with customers.

 

You may carefully go thru the approvals if any given by you, contracts if any signed by you on behalf of the company, waiver if any, deals if any negotiated by you and also matter forwarded by you to superiors and go ahead’s give by superiors and assess if anything was left to be done by you……………………..

Although you have categorically communicated that you ( termed as we by you implying company) have done ‘MOM’ (which we do not understand what is it) and company is insisting on receivables from market  and it has not shied from concluding that receivables are due to you……………………..

The question arises are these receivables “Monies” or “Cash” or “Payment of bills”………………As per company it seems that answer is yes and company has not shied from commenting that you were I/C of West Zone of India and Outstanding dues are max. from your zone.

In other words you have caused sale without realizing the payments and hence outstandings.

 

If you take it positively ‘The company seem to be commenting that it is in loss due to you’……………..and apparently the notice period tendered by you as per appointment letter issued to you and even extended period of notice has not been sufficient to recover the outstanding dues accrued and accumulated due to you and it wants you to remain in employment on usual wages till the outstanding dues are realized by you.

 

It has started deducting 25% of the wages from your salary and has affirmed to release when its dues accrued due to you are realized by you.    

 

These are the issues you need to handle successfully.

 

Do your homework and provide full evidence and documents to your lawyer.

Soumyo Sen (Store Associate)     28 March 2015

Hi,

I had been working with Arvind brands for the 3 years and recently on december 31st 2014 i resigned from the post of fashion consultant for getting a better opportunity and i had to serve a notice period of 30 days. So i served my notice period of 30 days and also got my relieving letter on march 2015 but my F&F has been put on hold by our regional manager as he thinks the store manager of the store where i used to work had done some unethical things. And just to inform i have left the organization 1.5 months earlier than the manager. Just because i was a part of the team, he had put my salary on hold just because he thinks that we had done something unethical but he has no proofs. How can i go about this? Is it a legitimate thing that he is doing?

Kindly help me with this.

Kumar Doab (FIN)     29 March 2015

@ Soumyo Sen,

 

HOPE YOU WILL TAKE THIS POST POSITIVELY!

 The rowdiness of bosses is not a new or unknown thing to lawful authorities and Law and courts.

NO one can be abusive, coercive, threatening, intimidating, imposing, at workplace including employer himself/herself and level unfounded/baseless/false allegations.

Once again the question arises: “Why Employees continue to suffer with such tantrums/transgressions by employers and their CRONIES/ATTRONIES in Line/HR Managers????

Because Employee’s find it shameful to unite, form unions/Grievance Redressal committee/Works Committee, affiliate with trade unions, retain access to an able Labor Law Consultant/service Matters lawyer/Law firm!!!!!!

Majority of the employee are ill informed and ill informed employee is susceptible to exploitation.

 

 

 

Your able Labor Law Consultant/Service Matters Lawyer/Law Firm may like to go thru the language verbatim.

 

 

 

You should start building favorable written record under expert guidance of your lawyer for use at appropriate time in appropriate forum.

 

 

You may reply pointwise to each point:

1.       Do you have copy and acknowledgment of notice of resignation tendered by you? It was addressed to whom?

2.       Who has signed the appointment letter? Who has replied to your notice of resignation? Is it in writing? Have you submitted the minutes of all discussion you have narrated in your post? If yes show these to your counsel. If No let your counsel draft these to suit your long term interest and build favorable written record.

3.       Have you resigned by letter too? Did you mention the reason of resignation in resignation letter/email Or even subsequently/ or before resignation to anyone in office? 

 

4.    Are you a member of Employee’s/Trade Unions

Does your company have any GRC (grievance redressal committee) and ‘Works committee’?

 

5. What was your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?


4. What was your salary: Basic,DA……..etc and total.

5. Was any appointment letter and HR policy/Service Rules and regulations/Conduct and Discipline Rules,salary slip of each month, PF number and a/c slip of each year, ESIC card,Form16 issued to you?


 

 

6. You were located in which state? Your reporting office was located  in which state?

 

 Regd. Office of the company is located in which state?

How many people are employed in the company?


Does the company have its CSO (certified Standing Orders) and does it cover your designation or do Model Standing orders apply to it?

 

 

The company is registered as: Commercial or Industrial establishment?

 


7. Did the company supply so called “service Rules and regulation/Conduct and discipline Rules” alongwith appointment letter or later or does it keep these rules on some ‘HR/Employee portal”? Is it stated in appointment letter that ‘Service Rules’ are attached/show are available at “…….Portal”?

 

 

Who has signed such rules?

 

 

Who prepares and passes such rules: Board of the Company or some HR Manager?

 

 

 

Who has stated that your salary shall be withheld and NO service/relieving  related document and inquiry has been or being conducted? Is this statement verbal or in writing? Have you minuted such statements? If NO let your counsel draft these now!

 

 

 

 

8. Has any Service Certificate,FnF statement showing computation of earned wages/Bonus/leave encashment/Gratuity………recovery etc, PF number with a/c slips of each year,ESIC card,NOC/NDC,Form16 etc has been supplied to you?

 Have you submitted PF withdrawal/Transfer forms under proper acknowledgment? Has the supplied the acknowledgment issued by PF office?

 

 

You may reply pointwise to each point!

 

It may be possible to revert to your query.

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It may be possible to revert to your query.


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