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Observer (na)     26 June 2014

Unpaid salary f&f excuse

Greetings everyone!

I didn't know that there are forums like this where i can discuss and get advice from members/experts on my legal issues, glad that  i came across this one and also thankful to all the active members and experts for their advice/suggestions on the topics here helping numerous people seeking help/advice . Great platform for the average people with average knowledge about the Indian law and to discuss issues or queries before going to consult a lawyer in person or even after consulting with a lawyer just for a better understanding.

Now coming back to the subject of this thread.

My issue is similar to many of the posters here maybe with a few unique points here and there.

I worked for a company for two months. After the second month i was asked to resign for performance issues.Before resigning i was told that i would receive my salary of two months within a week after resigning.if not both the months salary then i would at least receive the first months salary then i would receive the second months salary after the f&f (full and final settlement) usually doesn't take more than 40-45 days.

Note: On the first month my salary was put on hold for reasons which was not explained to me properly. i was supposed to get the salary together with the second month's salary. However i was asked to resign by the end of second month.

One week after resigning when i went to the office to collect my salary they said that the head office didn't forward the salary yet. So i called the HR and he informed me that there has been a minor issue and they have already forwarded the salary and i will surely receive the salary the next day.

Sure enough the next day the salary didn't arrive and like many of the other unfortunate people here, i started facing  the same excuses, day after day.

After endless episodes of excuses they have mailed me that i would receive the salary only after the F&F as per the company norms.

I have discussed this with my lawyer and he says it would be wise to wait the F&F period before taking any legal actions. If the excuses continues even after the F&F period gets over then we can go head with the legal proceedings.

My concern is that after all the excuses i find it hard to trust their mail regarding the F&F period. I am a bit of impatient here which is why i am here to seek expert's advice/suggestions regarding this issue. or if there is anything i can do at all before the F&F period. As in most of the cases they continue with the same excuses even after the F&F period.

A little background information :

In the midst of their episodes of excuses they asked me to fill up an exit interview form with the usual questions like "why i resigned" , "what i liked about the company" etc.
 I have a copy of that form with me.

I have the offer letter ( a print of the attached document they mailed to me)

they never provided my appointment letter.

After connecting the dots and looking back to this issue it almost looks like it was preplanned by them.

A big thank you for reading through my huge post.

Will definitely appreciate some advice or suggestion .



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 June 2014

You can approach labour commissioner with all email print outs and give a complaint there and obtain a copy with you for further reference. The labour commissioner will take of it. Better submit your grievance all aggrived persons together sign and submit. 

Kumar Doab (FIN)     29 June 2014

 

 

What is this company/establishment registered as; Commercial, Industrial, Small Enterprise?

 

The registration certificate should have been displayed near entrance or you may find on your own.

 

What is its line of business; IT, banking etc?

 

You were located in which state?

What was your designation and nature of duties?

Was your service confirmed in writing?

The Redg. office of the company is located in which state?

 

How many people are employed in it?

 

Has the company stated any notice period in offer letter?

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

Did you mention in notice/resignation that is being submitted as demanded by Mr/Ms……………on dated………………in office?

Did the company issue any stinker/notice/show cause notice on performance and termination?

 

 

Decline to accept FnF statement in writing under proper acknowledgment, if proper wages are not paid and computed in it, terming it as incorrect and claiming that it has been sent and received under protest. 

The FnF wages are to supplied with service certificate on day of termination.

 

 

This info shall help you hence post it.


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