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Rahul (manager sales)     12 April 2015

Salary & settlement amount not paid

Dear Sir/Madam,

 

Good day,

 

Seeking for your advise as:- I was working for a Chennai based Pvt. ltd. company as a sales manager & was based at Punjab. Provided my services for almost 15 months, including 3 months probation period. Probation period was successfully completed & my job was confirmed with an confirmation letter & appreciation letter by CEO of the company. After utilizing my all links & contacts for sales my sales head started forcing me to resign. After resisting for few days I resigned in last month with 3 months notice period. After one week I received an e-mail from company accepting my resignation & relieving me immediately. When I asked for my settlement amount, they agreed to give only one month salary. When I demanded for my one month on job salary & 3 months notice period salary, PF, leave encashment, expenses & other benefits they started threatening me for termination & paying nothing.

Please help me in this matter.



Learning

 8 Replies

Kumar Doab (FIN)     12 April 2015

It shall be appropriate to show the job advt,job application,offer letter,appointment letter,HR policy/service rules and regulations mentioned in appointment letter,notice of resignation,acceptance of resignation,relieving letter etc to an able Labor Law Consultant/Service Matters Lawyer and proceed further under expert advise of your counsel.

 

Your resignation has been accepted and you have been relieved in writing.

The employer-employee relationship has been ended in writing.

Now you can not be terminated.

Do you have any evidence on record of :::;Threats to resign,terminate (audio/visual/witnessed/minuted/written etc)? If yes retain it for use at appropriate time in appropriate forum.

Forced resignation is offence and cal also be termed ‘deemed termination’.

The FnF wages and service certificate should be supplied on last day in office………………….or amicably say within next or max. by usual pay day.

 

You may submit final representation addressed to good offices of appointing authority,MD,Chairman, under proper acknowledgment and demand to supply the service certificate/relieving letter, original and correct FnF statement showing computation of all earned wages till LWD/notice pay of 90 days/bonus/leave encashment/incentives/reimbursements etc, payment of FnF wages by bank DD,Form16 as per correct FnF statement, PF number with original PF a/c slips of all years, ESIC card,salary slips of all months, NOC/NDC etc……………………by Redg. Post only so as to reach you in say next 7 days………………….

Acceptance of notice pay in lieu of notice period is your discretion and you can affirm to serve full notice period…too.

If Line managers/HR personnel/senior officials are in the habit/practice of threat/coercion etc then they may not stop here and may do it again e.g. asking to handover the assets/charge,alleging loss etc………………..that you should record. However remain amiable and gentle and build irrefutable evidence.

 

Unpaid wages/promised payouts are debt on employer.    

 

 

Rahul (manager sales)     13 April 2015

Dear Sir,

 

Thank you for immediate response.

 

You are absolutely right. After my continues reminders for FnF amount, they are alleging me for making losses to company. While the company has achieved highest sales in my region during my services & it is a fact.

Now they are ready to pay me but only 90 days notice pay. But they are denying to pay me my on duty salary for last month. Also denying to pay my reimbursements, bonus, leave encashment & PF etc. Together it makes a big part of FnF amount.

They are also threatening me for charge of corruption & make my dismissal under that. Just not to pay me anything & spoil my future.

I have the record of communication in my inbox.

Is it enough to make my case strong?

poojadixit   13 April 2015

Please approach and show the job advt,job application,offer letter,appointment letter,HR policy/service rules and regulations mentioned in appointment letter,notice of resignation,acceptance of resignation,relieving letter etc to an able Labor Law Consultant/Service Matters Lawyer and proceed further under expert advise of your counsel.

Kumar Doab (FIN)     13 April 2015

Earned Wages: For period on duty in last month has to be paid and can't be denied in any case.

 

Notice Pay; has to be tendered.

Bonus: The statutory bonus as per Payment of Bonus Act has to be supplied by 30th Nov or employer can be penalized.If the Act is applicable to establishment then it is applicable to all employees and if  you are covered as per def. of wages in the Act then you can complaint to Labor Commissioner. If it is some other Bonus and stated in appointment letter/CTC etc then it is a promise/promised payout and has to be paid.

 

Loss; has to be proved. Opportunity of natural justice has to be provided.

 

Leave Encashment: shall be governed by various enactments applicable to establishment/employer/employee.....................and/or service conditions/leave policy and can't be denied.

 

Reimbursements: As provided for and entitlement has to be paid. You must have some kind of acknowledgment with you for claim/bills.

 

Corruption: You alone would know if there is some evidence or not e.g. in reimbursement bills etc...and how would you counter it.

 

 

Apply your skills and get FnF statement/FnF payouts in a/c  however avoid sending acceptance of FnF statement if it is not correct.

 

 

You should prefer to consult an able Labor Law Consultant/Service Matters lawyer ASAP.

 

Where are you located in your state: Punjab?

Rahul (manager sales)     15 April 2015

Sir,

 

I am in Ludhiana City.

Kumar Doab (FIN)     15 April 2015

If you are unable to handle on your own you may seek professional help of your counsel.

Rahul (manager sales)     22 April 2015

Dear All,

 

How much will be the court fee for FnF settlement of Rs. 2 lacs?

Kumar Doab (FIN)     22 April 2015

Your counsel that has examined all docs on record,merits,remedies,forums can advice you further on everything including charges/fee etc.


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