Not getting full and final


Hi All

 

I haven't received Full and Final from my previous company yet. Its been almost 2 years , i was into ad sales there, after resigning 45 days later when i spoke to HR they said that as outstanding of clients is pending in records so they won't be able to release my full and final either i will have to ask clients to clear the outstanding or wait to get it cleared. Although nothing was mentioned like this in my appointment letter and even during my job assignment also nothing was communicated in written. Then i have started communication through mails and in mails also HR wrote (as mentioned above). I guess to go for legal action i came to know that 3 reminders are must which i did and asked them that if my full and final depends upon ma client's outstanding so where is it mentioned in my appointment letter, then they stopped answering on my mails. I worked there for 3 years apart from my salary they didn't give incentive which was mentioned in my appointment letter. I have never even took leaves so my paid leaves are also pending.

Now am planning to file case in Labour court , please suggest if there is any point which can go against me. Mentally they harassed me and i really wish to take all my dues with all respect.

 

I will be honoured if you (all) can help me.

 

 

 
Reply   
 
FIN

You have given very long rope to this employer.

You have posted that “asked them that if my full and final depends upon ma client's outstanding so where is it mentioned in my appointment letter, then they stopped answering on my mails.

If you have minuted that in writing then it is the reason they have stopped responding to you.

They were responding till it was all verbal.

Te client is not your client. The outstanding if any is not your outstanding. The bill is raised by company in the name of client and client has to pay. If the client has not paid why the company has been sleeping over it?

 It could have called back the goods, filed for recovery as per T&C applicable with client.

Your lawyer may opine that LIMITATION of 3 years may apply in your case hence they are dilly delaying and happily waiting for 3years to pass...............................................and they shall always claim that the relationship with you was that of ‘Master and Servant’ and Specific Relief Act shall apply and contract of personal service can not be enforced in court of law.

Has the company ever supplied you FNF statement for verification and acceptance?

Don’t follow up verbally alone.
Submit a representation in writing under acknowledgment narrating all previous representation mentioning dates, names etc.............
The employee can lodge a complaint the minute payment of his wages are delayed even by a day.
The penalty might be Rs.7500/instance..................

Does the company issues pay/wage slip every month, and provide for PF, ESIC, Group Insurance, Gratuity, Bonus etc...........................
If establishment has defaulted on payment of wages then it must have defaulted on PF, ESIC, Group Insurance, Gratuity, TDS etc.................... . 

The employee can approach:


- 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 )

-Inspector under ( Name of your state) Shops and Commercial Establishments Act; If the establishment is commercial

-o/o Labor commissioner

- RPFC for PF

-ITO-TDS where employee files ITR and jurisdictional CIT-TDS where employer files ITR.


-ESIC Inspector

-Civil Court.


-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , CEO, Chairman, MD in list of noticees............

Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................

Your lawyer may ask you a set of structured questions and may opine that you are covered.


-Trade Unions/ Employees Unions: They know precise ways to handle such issues

>> There are threads to indicate that employees contemplate to file criminal complaints u/s 406,420.............................and approach employers as creditors treating unpaid wages as debt on employer..................

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

Approach a competent and experienced labor consultant, show all docs on record and proceed under expert advice of your lawyer.

 

 

 

 
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SENIOR RESERVATION EXECUTIVE

Hi,

My self Asha, mentally tortured at working hours by company dierctors. Due to routinely behaviour I have worked sincerely there. But they have stopped my leave encashment, diwali bonus, and deduction my festival leaves into the leave encashment.

After that I decide to leave this company at last on 18 Nov resigtned with 7 days notice but they are asking for month notice . I decide Ok butt they suppose we already higher an one person with low salary than why should we keep her.

At the same time they are hand over the charge and releaving me without releasing the salary by say that on 10 dec 13 on the day of salary come and collect your cheque whatever is due.

I was coordination one day before the salary day they are saying ok come but they are deniend for that.

Regularly I called for the same they are mentally harrassed over the phone that I am not available, clear ADMs whichever comes from the airline  but  now they are clearly saying that we will not make the payment.

advise what better can do for us.

 

Thanks

Asha

 

 

 
Reply   
 
FIN

You have posted that:

 

 

“But they have stopped my leave encashment, Diwali Bonus......................and deduction my festival leaves into the leave encashment...”

 

 

 

Leave:

 

 

Leave policy of the company including leave encashment /paid leave in your case can not be inferior to the provisions of

 

(Name of your state) Shops and Commercial Establishment Act.

 

 

Therefore you may look into leave policy of the company and Shops and Commercial Establishment Act of your state.

 

 

Bonus:

 

It has to be as per Payment of Bonus Act; If this Act is applicable to the company and you are eligible then it has to be paid.

 

 

Notice Period:

 

It is as per Standing Orders applicable to the company and extended to the designation of employee (certified/ Model) and if notice period in standing orders is NIL it can not be even 1 day in appointment letter.

 

If standing orders are not applicable then it may be as per appointment letter, service rules and regulations of the company.

 

 

At the same time they are hand over the charge and releaving me without releasing the salary by say that on 10 dec 13 on the day of salary come and collect your cheque whatever is due.

I was coordination one day before the salary day they are saying ok come but they are deniend for that.

 

Has the company issued acceptance of resignation, relieving letter, FNF statement?

Have they just shown the cheque to you but have not supplied it?

 

 

Yu may submit a final communication in writing under proper acknowledgment preferably by redg. post addressed to appointing authority, MD................ narrating all representations made by you by email, in person, by phone etc (mention dates, names, phone numbers, email id’s etc...............) and demand acknowledgment and acceptance of notice of resignation, acceptance of resignation, certified copy of standing orders applicable to the company, correct FNF

 

Statement under original seal and signature of competent employee of the company , payment of FNF dues by bank DD only, service certificate, relieving letter, acknowledgment of handover of charge, Form 16, PF number, PF a/c slips of whole tenure of service, salary slips of each month of service, ESIC card, Group Insurance number and I. Card, NOC/NDC......................by redg. post only so as to reach you in say....................next 7 days.

 

Depending upon the reply of the company you may approach any forum lawful authority as already mentioned in this thread and as applicable to you.

  

 

 

 

 

 

 

 

 

 

 

 

 

 
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