Fnf & releiving letter not released
purab
(Querist) 21 October 2015
This query is : Resolved
Dear Team,
I was working with a Broking Firm. my last day of working was 31.07.2015. its almost more than 2.5 months. The company is not releasing my FNF & experience letter & also Holding my PF due to that. My records are clean & also have served the Notice period. They have a clause like you should take signatures of clients on ledgers with whom you have traded. Now, the case is when I was working they did not provide me any ledgers for the same, I could have done my deedfull there and then. After 2 Months they are telling me to do all such things. Now, after leaving an orgainsation How can I ask My clients to deal with signatures on ledger as I dont have any contacts with them plus they are also not taking follow ups on my behalf. What should I do in this case ? Tell me where can I complain for this ?
Kumar Doab
(Expert) 21 October 2015
Hope you have the evidence of clean record.
It is duty of establishment/employer/HR personnel etc to inform the exit formalities if any during notice period and make arrangements to complete the formalities.
You have mentioned there is a clause 'you should take signatures of clients on ledgers with whom you have traded.'
Is this clause in writing, and duly communicated to you?
You may relate with appointment letter,HR policy/FnF policy/employee handbook etc and confirm.
Did the company ever ask you to get the ledge completed till date in writing?
Did you submit PF forms under proper acknowledgment?
You may consult employee's/Trade unions leaders, an able labor Law Consultant/service matters Lawyer/Law Firm and show all docs on record and your counsels may opine that you can approach;
Inspector appointed under; Shops and estbs Act If establishment and you are covered by the Act, Payment of Wages Act
o/o labor Commissioner
Higher Officials of Dept of labor
Civil Court
etc
purab
(Querist) 21 October 2015
Dear Team,
I only have the appointment letter with me & there is no such clause written in that but I know this signing ledgers of clients is done by every employee who leaves the organization But that is on Roll.. Now after 2 Months how can they are expecting from me to do all such work..They are saying we wont release unless & until these ledgers are signed. How can I follow up with clients after leaving an organisation ?
Kumar Doab
(Expert) 21 October 2015
You have not replied to all points raised to you.
You have instead posted that:
---"I know this signing ledgers of clients is done by every employee who leaves the organization But that is on Roll."
Probably you mean to state that only by employees that are on rolls and not the one that have separated from employment!
Is it so?
Then have you written to establishment that ""I know this signing ledgers of clients is done by every employee who leaves the organization But that is on Roll."'............? If yes the personnel in establishment interpret their own meaning that you are aware of the rule, that every employee that is on roll and have left has to sign the ledger.
---"They are saying ....................."
Saying is verbal communication i.e not communicated to you in writing.
Have they stated so in writing?
You may show all docs and communications on record to your counsels and submit carefully drafted communication to good offices of appointing authority,MD etc...........
Your counsels can also advise you about the forums that you can approach.
Rajendra K Goyal
(Expert) 22 October 2015
Agree with the advise given by the expert Kumar Doab.
purab
(Querist) 31 October 2015
Dear Team,
There are ledger confirmations which are sent to client on companys behalf & there are delivery status for the same that clients have received but they have not signed & returned . In the ledger it is clearly mentioned in writing that if the client does not revert in 7 working days the ledger is deemed to be correct & shall be binding for all purposes & intents. still the company HR is not agreeing to it & HOLDING MY Releiving letter & FNF.
kindly let me know what can I do further?
purab
(Querist) 03 November 2015
Dear Team,
Please suggest on my previous query
Kumar Doab
(Expert) 03 November 2015
Service certificate has to be supplied to all employees.
It has already been suggested that : You may show all docs and communications on record to your counsels and submit carefully drafted communication to good offices of appointing authority,MD etc..........
Apply your skills to resolve.
If good offices also do not provide any relief and you are unable to resolve your counsels may opine to approach forums either mentioned above or other forums..........
purab
(Querist) 03 November 2015
Dear Team, I have already mailed to Higher authorities of the organisation But still there is no response on their part. Kindly let me know now if I want to take legal action so to whom I shall approach. please suggest me where can I file a complant & also is there any government portal where I can complain & can get resolved. If I hire a lawyer what kind of specialisation lawyer he would be as I am unknown to this. and lastly how much approximate fees he may charge for the case as I am from a lower middle class family so need to know. Lastly Do the employer has a right to Hold my PF Also as they are saying we wont release until your FNF gets cleared ?
please suggest.
