Full & final settlement

Querist : Anonymous (Querist) 03 December 2011 This query is : Resolved
Dear Experts,

An employee in HR has been forced to resign and not giving him time to serve notice and not giving him his Full & Final.

The reason is that he has also joined his brother in company but his brother left job without serving notice period, he asked his brother for this but brother not agree for this on this basis the management abused him and force him to resign. he then resign and mention to allow him one month notice period or give full & final settlement amount but the management is not willing to give him his F&F and also threat that they will collect the amount due to his brother from him.

Please suggest how and whom he should approach.

this is not the first time the company doing this there is numerous notices given to employees on ground of misconduct though no misconduct was done.

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ajay sethi (Expert) 03 December 2011
address letter to company placing these facts on record . if no reply received within fiteen days follow with issue of legal notice to company

prabhakar singh (Expert) 03 December 2011
THE threat that they will collect the amount due to your brother from you is illegal.

Serve them with notice of demand of your dues calling upon them to pay within a pre stipulated period and also warn that in case they do not pay you within period put as condition you shall also be entitled to a@..%[not more than 10%]interest on your dues from the date of default fixed in notice till the date of actual payment to gather with all cost of notice and realization.

Was your brother given employment on your recommendation or any written guarantee by you for compliance of his service bond.???

M/s. Y-not legal services (Expert) 04 December 2011
first issue a legal notice to your company by stating all facts., just wait for their reply., then you can decide what have to do..

Sailesh Kumar Shah (Expert) 04 December 2011
Make representation of whole issue in writing, and asked to settle. thereafter, issue legal notice.

Querist : Anonymous (Querist) 04 December 2011
@ Prabhakar Sir,
No his brother was not given employment on his recommendation or any written guarantee by him for compliance of his service bond.

the company is now preparing a letter to him stating that the amount of his and his brother notice period is adjusted against his current month salary and balance amount he will pay in 15 days or otherwise legal action will be taken also it is mention in letter that there is no need to go to labour court as it is for labour only and the risk will be yours.

He has left the company has not told the incident to his family looking for Job in office timing.

I am still in company so I know what is happening.

Thanks a lot to you all for your support.

prabhakar singh (Expert) 06 December 2011
They can not make such kind of adjustment.
If the letter is not complied they shall have to file a law suit but if they do not file the money wrongly adjusted against your brother's dues from your a/c has to be born by as you would also not get it back without going to court.

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