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Harmeet   03 November 2016

Full & final settlement & pf is not given by company

Hi All,

My problem belongs to my company behavior with me. I was not well and suffering from TIphoid & Fever after one month leave wheni join my company than they took my resignation forcily in 10 Aug 16 & till now. They are not ready to given my full & final settlement, PF, Gratutity, Bonus & experience letter because of that i did not get job right now. i am jobless since august 16. I called & visited many times in company for my dues settlement but always they putting excuses. I am living with my wife and 2 small kids in delhi so survive here is too difficult now. Please help me how i achieve my dues and letters for survive & job. one more thing i got resignation acceptance letter via mail.



Learning

 11 Replies

Kumar Doab (FIN)     03 November 2016

Did you submit notice of resignation or resignation with immediate effect?

Did you mention in notice/resignation or subsequently that you were forced to resign?

 

Kumar Doab (FIN)     03 November 2016

While posting such queries employee should always post basic information;



What is this establishment; Commercial, Industrial?

What is its line of business?

How many persons are employed in it?

Does standing order apply in your case; Model/Standing?



What is your designation and nature of duties?

Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..



Can anyone change/cancel your recommendations?



How many persons report to you?



You are in which state?

Your service is under probation or confirmed?



For how many months you have been working?



What is the notice period tendered by you?



What is the notice period as per appointment letter?

Has your resignation been accepted? Did you get reply?



Have you been getting salary slips?



What was your monthly salary with break up?


Are you a member of employee's/trade unions?
Have you consulted a very able counsel specializing in Labor/Service matters?

If yes what is his opinion?

Harmeet   03 November 2016


What is this establishment; Commercial, Industrial?
Both Work they do
What is its line of business?
It is construction Company
How many persons are employed in it?
3000+
Does standing order apply in your case; Model/Standing?
Did not understand

What is your designation and nature of duties?
Senior Engineer In IT Department, System Administrator
Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..
No
Can anyone change/cancel your recommendations?
Yes VP
How many persons report to you?
No One
You are in which state?
Delhi
Your service is under probation or confirmed?
Confirmed ( Permanant)
For how many months you have been working?
6 Years 6 Months 
What is the notice period tendered by you?
30 days
What is the notice period as per appointment letter?
3 Months
Has your resignation been accepted? Did you get reply?
Yes i got a mail of acceptance
Have you been getting salary slips?
Yes
What was your monthly salary with break up?
Basic 11400

CCA 6840
Addl Special Allowance 6260
Special Allowance 5700
HRA 4560
Conveyance Allowance 3990
Technical Allowance 3990
Scholarship Allowance 500

Are you a member of employee's/trade unions?
No, I was in Officer Grade

Have you consulted a very able counsel specializing in Labor/Service matters?
Not yet
If yes what is his opinion?

Harmeet   03 November 2016

Actually rsignation given by my manager onbehalf of me. I did not mentioned there any forcily taken.

Kumar Doab (FIN)     04 November 2016

You have posted that:

"Actually rsignation given by my manager onbehalf of me. I did not mentioned there any forcily taken."

 

What eaxctly do you mean by it?

 

Did you write by hand or type yourself and sign the resignation? 

Or you were given a pre-pared resignation and you were forced to sign it?

 

Or You did not sign any resignation and someelse (your manager) submitted the resignation that was not signed by you?

 

 

 

 
 

Harmeet   04 November 2016

Yes 3rd one. i did not sign any resignation only mutually they said. My manager asked me to resign from email but unfortunately i dnt have internet access that time so he wrote mail.

Kumar Doab (FIN)     05 November 2016

Did your manager took your email id and password and sent email by logging in to your email id?

 

Or your manager sent your resignation from his email id?

 

Harmeet   06 November 2016

From his email id.

Kumar Doab (FIN)     06 November 2016

If you are employee, and you wish to resign, then you alone can resign.

 

 

Kumar Doab (FIN)     06 November 2016

You have posted that:

"I was not well and suffering from TIphoid & Fever after one month leave wheni join my company than they took my resignation forcily in 10 Aug 16 "

 

Falling sick is not misconduct.

Forced resignation is offence. 

It can be termed deemed termination.

 

"My manager asked me to resign from email but unfortunately i dnt have internet access that time so he wrote mail...........................From his email id.".

 

"Has your resignation been accepted? Did you get reply?
Yes i got a mail of acceptance"

 

The establishment has ereed.

 

Now it has entangled you with your manager.

Your own submissions and your manager's submission shall be related and claimed.

 

If it is established as resignation by your free will/if you admit it , then it may try to square off your dues with notice pay.

 

 

 

Kumar Doab (FIN)     06 November 2016

IT dept/Div might be covered by Delhi Shops & Esbs Act.Senior Engineer In IT Department, System Administrator might be covered by thedef. of 'Employee' as in Delhi Shops & Esbs Act. So you mayy approach Inspector appointed under the Act. 

And even 'Workman' as in ID Act...................so you may approach O/o Labor commissioner.

 

You might succeed to lodge complaint under Payment of Wages Act (within 1year from LWD) if the wages are covered by the def. of wages in the Act.This Act does not discriminate between 'Workman' and 'Non Workman'.

 

There are many IT/ITeS employee's unions and embraced by Trade Unions and have done a good job.You may approach them.

 

 

Your able counsel specializing in Labor /service matters can examine your nature of duties and advise further.................and may opine to 

 

 approach civil courts......

Lodge complaint u/s 406,420

file for winding up petition....

 

 


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