Full and final settlement dues
Querist :
Anonymous
(Querist) 24 October 2011
This query is : Resolved
I was employed with Allianz Bajab Life Insurance Co. Ltd. from July 2007 to October 2007 and could not complete even six months when many of the Business Development Managers (including me) were forcibly asked to submit resignation, reason given to us was that of reducing employee strength.
Accordingly, 3 of us resigned and filled up the forms for PF withdrawal and reimbursement of certain emoluments, such as mobile and travelling expenses, which I never received till date. I do not have a copy of the offer letter as that was taken back by their HR department.
I received a few sms on my mobile from Bajaj Allianz saying that an amount of Rs.6309/- is falling due on my part for full and final settlement, which I am supposed to send to them by a DD/Pay Order within 15days, or else they will be forced to take up a legal action against me.
How do I tackle with this situation, knowing the fact that I do not have any document with me to support my employment with them as I don't have a copy of the offer letter. They are saying that I had not served notice period and as per the agreement signed with them (which is not in my knowledge), I am bound to deposit the said amount.
Kindly guide me.
ajay sethi
(Expert) 24 October 2011
1) do you have the appointment letter?
2) did you submit your resignations subseqent to any written request from company?
3) do you have copy of letter furnished for reimbursement of mobile and travelling expenses?
4) when did you recieve an sms to pay Rs. 6309?
5)request the company to furnish copy of the agreement signed by you .
6) also ask compnay about the stand of company to your claim made for reimbursement .
7) also d etailed particulars as to how figure of Rs. 6309 has been arrived at .
Querist :
Anonymous
(Querist) 24 October 2011
Thanks sir, will get back once I ask them about the details as mentioned by you.
Devajyoti Barman
(Expert) 24 October 2011
Without seeing the employment agreement it is difficlut to make comment whether you are liable to make such payment.
If indeed there is such clause and one fails to serve the notice period then he is liable to the penal clause.
In your case you did not leave the company rather the company forced to resign .
So any such clause in your agreement is not binding on you.
So you better any such notice. The unlikely to explore legal recourse for recovering such a paltry sum of money.
Querist :
Anonymous
(Querist) 24 October 2011
I would request their HR dept. to allow me a copy of the agreement and then only I will be in a position to take any decision. Is it correct, please guide.
Sankaranarayanan
(Expert) 24 October 2011
As for as EPf concern the company have no legal right to stop. if they then you can approach the epf office by petition .
Devajyoti Barman
(Expert) 24 October 2011
Yes first get a copy and then ask for further legal help.
Good luck.
Guest
(Expert) 24 October 2011
Offer letter, if desired to be returned to the HR after acceptance should have been xeroxed to keep a copy thereof with you. However, you can ask for a copy of the same from the company.
Ask for the details of total dues along with adjustments made by the company out of your claims.
For EPF, you can apply even directly to the concerned EPF office after getting your form/ signatures attested by some bank.
Querist :
Anonymous
(Querist) 24 October 2011
Sir Dhingra, the problem is that I do not have the PF number too. Otherwise I would have applied for the same.
However, I am concerned by the fact if the company takes any legal step against me for such a small amount.
prabhakar singh
(Expert) 24 October 2011
Query your company about all details desired here without which no substantial guidance is possible.
You should have not acted so inadvertently, when they asked back the copy of employment agreement,it was well possible to retain xerox copy thereof.Any way find out out all the details.
Guest
(Expert) 24 October 2011
Really pathetic state! You do not have any of very important information about your service matters. When you were subscribing towards PF, you could well have asked for the PF account No. You may better ask in writing from the HR department about your PF No. Get all the relevant information from the HR department before entertaining any of their claim on you.
