Haven't received my service letters & full&final settlement


Dear All,

I used to work for an MNC (Let us call Company A) as a contractor on the payroll of another company(Let us call Company B) for 11 months and due to some personal reasons, I have resigned from my position and my last working day was in Aug'2018. It's been nearly 4 months now and I haven't got my Full&Final Settlement and My service letters from the vendor company(B).

As per the Vendor company(B) policy, I should get my settlement and service letters within 45 to 60 Days from Last Working Day. 

Vendor Company(B) had raised some issues regarding myTimesheet and Billing. The only thing they say is my TimeSheets are incorrectly marked (for which I have detailed explanation) & are going to mark as LOP for the month of Aug 2018 and process further.

I informed about the Timesheet submission to everyone over email and they agreed on it over phone call conversation. They are not at all providing any kind of information to me from the past couple of months. They are playing a dual role now and asking for written statements as proof. Where I have the email conversations and the phone call conversation recordings.

2 of the vendor company(B) employee HR's were the only point of contact for me, now they are not responding to my calls or emails.

My settlement had been delayed already, it's been 4 months now and they don't have a courtesy that, the more they are going to delay, the more it is going to affect my career as well. 

I found the HR Manager details over LinkedIn and messaged him explaining everything, waiting for his response.

What should I do with this guys now? How should proceed legally on this Vendor Company(B)?

I don't know whether I have conveyed my message above in details or not, If it's confusing please text me your number at my email ravikantibi67@gmail.com and I will reach out to you at your convenient time

Appreciate if I can get some help on this and would really thankful. 

 
Reply   
 
Advocate

sent them a legal notice and if required approach NCLT as financial creditor if your due amount is Rs.1:00 lac or more.
 
Reply   
 



Hi Sidharth, It might be nearly 1 lakh. do have any idea how to send a notice. Do i need to approach any legal adviser (like advocate)?

 
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Advocate

yes. you are required to get issued legal notice under rule -5 of IB rule 2016. consult with details. Siddharth Srivastava- 9811776422
 
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FIN

While posting such queries employee should post basic information!

What is this establishment; Govt, private, 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?

 

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 your resignation accepted and FnF statement issued to you? Did you accept the FnF statement in writing?

Did you submit written representation under proper acknowledgment and did company reply in writing?

 

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/assets (if any), NOC/NDC……………?

 

What was your relationship i.e. employer-employee with establishment  OR Contractor i.e. not of employee with establishment/employer?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

 

 
Reply   
 
FIN

 

If your relationship was of say; Contractor i.e. not of employee with establishment/employer then you may have to approach civil courts.

If your relationship was of say; employer-employee with establishment  then you may find a recourse thru;

Employee’s/trade unions that can represent you (one should become member and become properly informed and get support also)

Greivance redressal committee (notified in some states)

By approaching good offices (in writing under porper acknowledgment) of appointing authority, MD,CEO of establishment that employed you…as fater a limit there is NO point in remaining entangled with attorney’s of employer in HR/Personnel/Accounts/legal cells..If you have duly replied to all contentions then you have performed your obligation. The duty of employee/contractor is to mark attendance and thereafter IT is obligation of employer/establishment to update/process  and submit the same in forms of various prescribed registers/forms by attorney’s of employer/employer to respective authorities under provisions of various enactments e.g; Shosp & Estbs Rules of the state.. Apparently the attorney’s of employer or employer does not want topay until you make them pay..

 

Inspector appointed under Shops & Estbs Act of the state (if you are covered by the def. of Employee as in the Act)

Labor Inspector/ALC/ALCC ( state/central as per appropriate govt in your case (if you are covered by the def. of Workman as in ID Act)

Inspector appointed under Payment of Wages Act (if you are covered by the def. of Wages as in the Act. This Act does not discriminate between Workman and Non Workman)

Civil Courts (if you are not covered by any of the enactments)

NCLT

Demand notice from your end or by unions/Notice by authorities/legal notice by your own counsel (one should have a counsel) may work..

 
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FIN

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/Service  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Labor Court/CGIT, CAT/School-Educational Tribunal/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/service matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

In the meantime you may go thru similar queries by using search option in threads/Articles/Files

e.g; Article under my profile;

“Employee is Entitled to Interest if Payment of Salary is Delayed !”

 
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FIN

If your choice is legal notice then let IT be sent by your own LOCAL counsel.

 
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Hello Kumar,

thanks for sharing the detailed information.

Definitely, I will think on the points you mentioned above and will do what is necessary. I'll let you know on my decision. Thanks again for your support. 

 
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FIN

That is wise of you.

There have been many instances at LCI also, that on allurements at online portals legal was not sent at all/was sent after collecting FEE and thereafter, nothing happened.

Preferably, Go for a considered opinion from a very able LOCAL counsel, in person, as already suggested, and decide in person with your LOCAL counsel. Obtain proper legal opinion in writing.

 

Wish you the best!

 
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