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Shashank Kumar   21 February 2018

Full & Final settlement

Hello Everyone, I'm Shashank. I was working in a French MNC from the period May 2017 to Dec. 2017. There was a term called 13th PAY in my package, and it is paid every year in the month of December by the employer. Since I served notice period as per the company rule also my last working day was 30th Dec 2017, so I was suppose to get the 13th PAY in my FnF settlement. But I didn't get this, and my employer is saying that you resigned in Dec. so we will not give you. My concern is that since I worked there for complete December month, so I have the right to claim for 13th PAY. PLS share your valuable guidelines regarding this, I'll be grateful. Thanks,



Learning

 3 Replies

R.Ramachandran (Advocate)     21 February 2018

It all depends upon your company policy. There is nothing relating to law in it.

Kumar Doab (FIN)     21 February 2018

13th pay is not a global fad.

It has existed in India as well.

Do you have copy of job advt/job application/offer leter/appointment letter /all rules policies narrated in appointment letter, policy on 13th pay?

If yes you may attach these/policy on 13th pay.

Erase all names/email id's/logo/phone number etc to mainatin confidentiality.

Kumar Doab (FIN)     21 February 2018

While posting such queries employee should post basic information! What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Which is fixed pay day? Has salary not been paid on pay day?

Has salary slip been issued and supplied? What is monthly salary?

Has company issued any notice on closure of company?

Do standing orders (model/certified) apply to establishment and your designation? What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you? Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date?

How was your performance? Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

 


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