Karthik 28 August 2015

Non payment of full and final settelement

Sir,

I was working in a Hotel as a HR manager. in month of July 22, 2015, i tendered my resignation and until then I was also not provided with my appointment orders also. I sent my resignation and all other documents required for clearance and full and final settelment through speed post and even through e-mails to the concerned persons. my salary for 22 days was also kept on hold. I waited for one month as a notice period as per company policy eventhough they have not issued me the appointment letter. On 23rd august, 2015 I sent an email to the concerned persons requesting them to release my full and final settelement. But, I recieved a reply mailfrom the corporate HR stating that, I have not done proper clearance and have not given any notice period for giving your resignation. In reply to the mail i sent that, when you havn't issued me appointment letter, on what basis i am responsible to issue a one month notice period for tendering my resignation. after that i haven't recieved any mails from the management nor the Corporate HR.

The dcoument available with me are as follows:

1) Copy of resignation letter and all other documents related to my clearance.

2) Speed post reciept through which i sent my resignation letter and clearance documents.

3) My attendance for 22 days.

4) E-mails regarding my resignation letter and clearance documents which i sent to the managment.

5) E-mail conversations regarding my release of full and final settelements.

6) MySalary statement for 22 days from the company

Please suggest in this scenario on how to claim my full and final settelement.

Thankin You

Regards

Karthik

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2 Replies

prabhakar advocate (advocate) 28 August 2015

Being HR Manager, you would not come in the category of workman and hence ID Act is not applicable. Issue a legal notice and file civil suit for recovery of 22 days salary and other dues, if any remain. Prabhakar Advocate (M)9958670740

Kumar Doab (FIN) 28 August 2015

It is not clear you are full HR Manager with full power that a HR Manager is assumed to have or HR executive.

Even HR Manager may in some conditions be covered as ‘Workman’.

Moreover no appointment letter with designation,duties,KRA's is issued.

Your div/dept/office in Hotel may be covered by State Shops & Commercial Establishments Act.

It shall be certainly appropriate to show all documents and records to an able Labor Law Consultant/Service Matters lawyer/Law Firm, and proceed further after understanding merits and options.

Your counsels may opine that you can approach:

Inspector appointed under (Name of the state) Shops & Commercial Establishments Act, : Such establishments are covered by the Act and you must be covered by the def. of ‘Employee’ as in the Act. This Act does not discriminate between ‘Workman’ and ‘Non Workman’……………

O/O Labor Commissioner; if you are covered as “workman’…………………and your counsel may opine that you are covered.

Higher/Highest Officials of Dept. of labor of your state...............

Employee's/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc and the unions may embrace you.

Your counsels may opine that you can lodge complaint u/s 406,420 and file ‘winding up’ petition as unpaid wages are debt on employer, civil suit for recovery etc.