Full & final settlement not done by employer

You have resigned verbally or in writing? Do you have copy of resignation, IT’s POD, acknowledgment?

Have they issued acceptance in writing?

The said T&C on breach of agreement are mentioned in which document issued to you e.g; appointment letter?

Hello Mr. Kumar, I resigned via email and they have accepted the same. About the terms and conditions nothing is mentioned in my offer letter but they said as per their agreement with the client where I was deputes.

If you were not employee of client then relate the matter with enactments applicable to establishment (that employed you) and you...

While posting such queries employee should post basic information!

What is this establishment; 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?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

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 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, NOC/NDC……………?

 

Reply pointwise to all points and I shall attempt to help you, thoroughly.

While posting such queries employee should post basic information! What is this establishment; Commercial, Industrial? -It is a IT staffing company which provides services to its clients. What is its nature of business say; IT, ITeS? -IT recruitment, IT staffing. How many persons are employed in it? - Around 20. What is your designation and nature of duties? My designation was senior talent search specialist /Team lead. How many persons report to you? -2-4 Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? -No You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing? - I am working in Mumbai, Maharashtra. Worked in this company from December 2016 to November 2017 and I am not on probation. Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted? - No, nothing as such is stated in the offer letter. 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? - As per the appointment letter it is 30 days but it can be mutually negotiated with the management and they can release as per their decision. I served 10 days notice as per what was mutually agreed as my contract at client was about to get over and only 10 days were pending so they asked me to serve 10 days which I did. Was ever any stinker, memo, show cause notice on any misconduct issued to you? - no nothing such till date. Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA�s, performance date? How was your performance? -They have their appraisal system but I do not have the signed copy of the same. My performance was really good since based on the performance I was deputed at client side and also promoted to team lead and got appraisal in October 2017. 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, NOC/NDC�����? -I have the offer /appointment letter/salary slips of all months except last 2 months and salary of October and November is pending. I got the PF number, acceptance of notice and final resignation copy.

To save time; Pls post again in proper formatting so that your response to each point is clearly visible 

Hello Mr Kumar. I am awaiting your response.

Dear LCI Querist @ Mr. Himesh,

Regret missed to respond to your post.

The chronic and habitual offender at LCI; IT=@PSD

post Daily from Day1 in all threads from

from IT’s=@PSD’s multiple fake ID’s out of which IT has pated photo of  sick and very old entity in one of IT’s ID

IT’s=@PSD’s Trdaemark Tamashaa as per IT’s=@PSD’s Die hard habit (IT’s=@PSD’s own admission) and wastes time, distracts everyone’s attention, to IT’s=@PSD’s Trdaemark Tamashaa.

 

 

You have posted that your resignation has been accepted.

Do you have copy of your notice of resignation/final resignation, POD, acknowledgment and acceptance in writing (Hard copy)?

If yes, IT is good.

Keep it safely.

Write to good office of appointing authority, MD, CEO to supply you the acknowledgment of notice of resignation/final resignation and acceptance, correct FnF statement showing computation of earned wages till LWD/ bonus/OT/incentives/leave encashment etc ,payment of FnF dues as per correct FnF statement, Form16 as per correct FnF statement, Salary slip of all months including last month, NOC/NDC, and if applicable in your case PF number and a/c slips of each year/ESIC card, Exit Form,service certificate, relieving letter………………etc etc ………………..

{Salary slip should be issued and supplied atleast a day before fixed pay day. Salary should be paid on fixed pay day or employer may have to tender compensation and/or interest. FnF wages should be supplied on LWD or say within next 3 days or max. upon fixed pay day. More so in your case, you have tendered notice of resignation and have displayed good conduct and employer has chosen to relieve you in 10days against notice period of 30days citing ending of contract with IT’s client, while you were not employee of client. Such actin may amount to ‘Deemed Termination’. Ideally the previous employer should have called you back to IT’s own office.

Now IT may have to tender notice pay @ fixed by IT or per applicable enactments, whichever is offering superior benefits, as employer cannot offer inferior benefits compared to applicable enactments.

Employee can proceed under applicable enactments, whichever is offering superior benefits/protection.}

 

    

You may mention that NO tasks were pending at your end and highlight your achievements and good conduct in brief. Avoid mention of any promotion.

If the allegation of joining any establishment by terming it as ‘Vendor’ (directly or indirectly) is wrong and allegation is verbal, deny IT, narrating name of person with date/time when such verbal comment/fake-false allegation was made.

If offer/appointment letter/ contract of employment/any other published version of any document/rule etc  issued to you does not make a mention of any private agreement between employer and vendor having any implication or binding on you, then shrug it off mentioning name of person with date/time when such verbal comment/fake-false allegation, was made.

In any case even if some private agreement between employer and vendor was signed say; ’Anti Poaching’; IT has NO implication of consequence upon you.

Moreover as per your post, you have not joined said Vendor as alleged verbally.

And Indian Courts have consistently been declining to enforce ‘Non Compete clauses/agreements’ (say joining any company, directly or indirectly, after leaving previous employer) as IT hits right to earn livelihood and provisions of Indian Contract Act. Mere joining another employer in same field/market is not business loss/damages to previous employer. The previous employer may continue to compete in same market open to competition and competitors on the strength of IT’s quality/benefits/strategies…….etc and retain IT’ might  or lose due to IT’s own weaknesses and shortcomings.

 

Reliving letter signifies that employee has resigned and nothing is pending towards employee. The previous employer has NOT communicated by any speaking order that anything is pending against you. As per you NO tasks were left pending by you and employer by IT’s own choice declared that you are relieved in 10days (against notice period of 30days).

Service Certificate should be supplied to all employees, irrespective of anything.

The copy of offer/appointment letter, acknowledgment of notice of resignation/final resignation and acceptance, {FnF statement, payment of FnF dues, Form16, Salalry slip of all months, NOC/NDC, PF number and a/c slips of each year/ESIC card,………may suffice as good as service certificate, relieving letter………………etc etc ………………..

 

IT companies are covered by the (Name of the state) Shops & Estbs Act and have to submit various forms/registers prescribed under (Name of the state) Shops & Estbs Rules, to Inspectorate.

Now there are many IT/ITeS employees unions and are embraced by Trade Unions even in Maharashtra that can support, help, guide and represent you and any other employee.

You may be covered by the def. of ‘Employee’ as in the ID Act and may be able to approach Inspector appointed under the Act.

You have worked for app.11 months.

You may go thru Bombay Shops & Estbs Act, Bombay Shops & Estbs Rules.

What was the notice period tendered by you, as per notice of resignation submitted by you; 30days or 10 days?

Did the employer ask to serve only 10days notice period; if yes was it in writing or verbally?

Do you have copy of contract at client?

Did you sign it? Do you have IT’s copy?

You employment with your employer was regular or contract?

Did employer mention in resignation acceptance that since IT’s agreement with vendor/cline is ending in 10days time hence your notice of resignation/resignation I being accepted and you may serve only 10days notice period.