REGARDING RESIGNATION AND FULL & FINAL
Pankaj Jangra
(Querist) 01 January 2015
This query is : Resolved
Dear Expert,
I left the last pharma company with 12 days Prior notice i.e. Resigned on 10 may 2014 and left on 22 may 2014. But till today ob dated 01-01-2015 company didnt clear my dues (my salary may2014, EL of 4 years). Approx amount Rs 53000/-
I am continous mailing and calling them regarding clearance.
I only have company offer letter and salary slips. Company didnot issue me any appointment letter.
What will we do for clearance my f & f.
With my approach to HR, they sad as per the director instruction we are revised your full and final. And your one month notice period are deducting on gross.
How they will deduct my gross with 1 month? Company doesnot have any standing order.
Can I go to any legal govt department for clearance my due in Punjab area?
Please suggest.
Regards
Pankaj Jangra
Assistant Manager-HR
Textile Group.
Email id : pkjjangra@gmail.com
Pankaj Jangra
(Querist) 01 January 2015
Regarding Short Notice Period and Full & Final Clearance.
ROHIT SHARMA
(Expert) 01 January 2015
Dear Mr.Pankaj Jangra,
1. You will need to file a summary civil suit under order 37 Rule 2 of the Civil Procedure Code, 1908 for recovery of such outstanding dues. The question of one month's notice pay can be argued out before the court as not being applicable in your case since there has been no contract to such effect made by you with them.
ajay sethi
(Expert) 01 January 2015
no appointment letter was issued to you which provided that you were required to serve one month notice period . since company has refused to make payment issue legal notice to company for recovery of your salary dues
Devajyoti Barman
(Expert) 01 January 2015
Compnay is liable for making the payment in default of which you can intiate approproate legal proceeding.
Rajendra K Goyal
(Expert) 02 January 2015
Send legal notice for your dues and if no action initiate legal proceedings.
Kumar Doab
(Expert) 07 January 2015
Did you record the statements of the HR personnel (audio/visual/witnesses)?
If NO drive the discussion in a manner (quoting dates and minutes) and record!
Was your service confirmed in writing?
On which date the HR has said(verbally)..........that ................on Director's instructions ........your FnF statement has been revised and 1 month notice pay has been adjusted?
Probably this is after your date of notice of resignation/final resignation/last date in office.........
The Director or even owner can not effect any policy from back date.
You may go thru the exact language quoted in offer letter issued to you and check if it is mentioned that ..................say.......service conditions shall be governed by say....... HR policy/Service Rules and Regulations................................and download the printed version of such rules and policies as on DOJ and date on which it is quoted that the policy has been revised.
You may claim that NO such rule or policy was ever communicated to you and supplied to you alongwith offer letter or even afterwards in office by anyone even on asking for the appointment letter and such rules and policies........till your last date in office.
You may minute the discussions with HR and decline to accept the condition of notice period/pay quoting that no such condition is ever communicated to you and signed by you.
You may demand the duly certified copy of FnF statement prepared initially by designated HR personnel/Director..........under his original seal and signature (that was never supplied to you)............showing NO adjustment of notice pay.............and revised one..........along with payment of FnF wages by Bank DD only, acknowledgment of notice of resignation,acceptance of resignation,service certificate,relieving letter,Form16 as per correct FnF statement,NOC/NDC,PF number with a/c slips of all years,ESIC card etc........ by Registered Post only so as to reach you within say next 7 days..........
You may affirm that if required you can supply the self addressed postage prepaid cover for sending redg. post to you or that such cover is attached........
Your lawyer may opine that you may decline to accept FnF statement in writing and claim that you are being defrauded and are contemplating to lodge complaint u/s 406,420.............
AS Asstt. Manager you have job functions that may lead to situation that you shall not e covered by the def. of 'employee' as in (Name of the state)Shops and Commercial Establishments Act,'Workman' as in ID Act..........hence you may not be covered by Model Standing Orders too.......that stipulate notice period of 30 days as per length of service /after confirmation of service...............
Since company does not have Certified Standing Orders (CSO) hence your designation was not covered by CSO......and in such case service conditions applicable to you shall be governed by the as narrated in agreement signed by you.
Hope as a HR personnel you shall be able to handle the matter......................or you may approach Employee's Unions/Trade Unions ,Labor Law Consultant/Service matters lawyer and proceed under expert advice of your lawyer........
