Full and final payment not received from the company.
Navneet
(Querist) 19 July 2016
This query is : Resolved
I resigned from a software company few months back. They had not paid my full and final payment and also not given me my service experience letter. I took car lease from the company and for which I paid entire loan amount to the leasing company before resigning. There is nothing due on me. But the company's car lease department is saying that until I transfer car in my name, they will not pay my termination amount. NOC sent by them was expired as they delayed it and now leasing company is charging Rs. 2000 for duplicate NOC. I have tried to contact HR but HR does not respond. Can company claim this as a valid reason to stop my salary? Can I serve a legal notice to the company?
P. Venu
(Expert) 19 July 2016
In the given facts, the expenditure involved is too trivial to get the car transferred to your name. Complete the formalities and seek the final settlement.
Guest
(Expert) 19 July 2016
What is wrong if the company has aksed you get the car transferred in your name after repayment of all lease money?
Rajendra K Goyal
(Expert) 19 July 2016
try to have amicable settlement, if not possible, consult local lawyer and send legal notice.
Legal path is time and cost consuming.
Kumar Doab
(Expert) 19 July 2016
You have posted that:
-----"NOC sent by them was expired as they delayed it and now leasing company is charging Rs. 2000 for duplicate NOC."
The HR personnel is deficient and hence the studies silence.
HR personnel is not your employer and is just another employee like you and his/her relation with employer is Servant-Master.
You may notice the employer i.e good offices of appointing authority, MD.CEO, Board and ask them to affix the responsibility/onus on erring employee in individual capacity and send you NOC with committement to tender payment misc . expense if any incurred by you, so far and to be incurred for same task and fee demanded by Leasing Co.
It is felt that for the sake of irrefutable written record you may transfer the full onus on HR/employer/establishment.
It is obvious that the delay is deliberate for the reasons best known to you, and not posted by you.
----"I have tried to contact HR but HR does not respond. Can company claim this as a valid reason to stop my salary? Can I serve a legal notice to the company?"
In the given facts (By you);NO.
Further for a considered opinion engage a very able counsel specializing in Labor/Service matters.
You have not posted the basic information e.g; What was your designation/nature of duties
, length of service, your state, monthly salary etc etc
Navneet
(Querist) 19 July 2016
I have paid entire lease amount to the company in April and took the ownership of Car and for that they send me NOC. The NOC was delayed as the leasing company is very slow to respond and also the staff working in car lease is also very slow and untrained. They just forward the message to leasing company and do nothing. I paid entire discounted amount 15 days before my exit and asked them to give me all the necessary documents. No one responded. My exit was cleared and I left the company waiting to receive my full and final payment but instead received a mail from car lease asking me to provide details they need. After some period they send me NOC papers with a e-mail note that If I do not send them copy of transfer papers, they will not sign on my full and final payment but the date mentioned in NOC was the date when total amount was paid to the leasing company. Very less time was left with me to get car transfer on my name and my father also underwent a surgery during the same time so I couldn't complete the transfer. I worked as consultant for more than 7 years. The total benefits could be more then 100k. The problem is that if I pay 2000 to get duplicate NOC and they delay it further then my experience letter and salary will be permanently stuck. Can I give them legal reasons to de-link car transfer from the payment of F & F salary?
P. Venu
(Expert) 20 July 2016
Yes, legal reasons could be given. However, the problem in our Country is that those in seats of power, whether in private or Government, consider themselves to be the above the laws; rule of law is just an ornamental word. Hence it is more than probable that you may have to approach a Court of Law.
Guest
(Expert) 20 July 2016
Mr. Navneet,
You have not replied my earlier question, "What is wrong if the company has aksed you get the car transferred in your name after repayment of all lease money?"
Another question arises, if the NOC was given late, has that NOC become invalid? If so, with what specific reason you consider that as invalid?
Still another question arises, even if you give some legal reason, what legal reason you would prefer to give to the company to de-link your F&F from transfer of car to your name, when you are not adopting the legal way to get your car transferred?
If you think you have taken the ownership of the car by paying the entire lease amount to the company, you are mistaken. Ownership is not transferred until the car is shown as transferred to you by the RTO by making due entries in the ROC.
Kumar Doab
(Expert) 20 July 2016
You have posted:
>>> ---In your first post that; " NOC sent by them was expired as they delayed it and now leasing company is charging Rs. 2000 for duplicate NOC. "
---In your last post that;"but the date mentioned in NOC was the date when total amount was paid to the leasing company. Very less time was left with me to get car transfer on my name and my father also underwent a surgery during the same time so I couldn't complete the transfer."
You should have posted exact details in your first post.
Is there any TAT for such transactions?
Date of NOC is deemed to be date of payment. You can establish and then claim that after payment by you (I paid entire discounted amount 15 days before my exit and asked them to give me all the necessary documents.) the entire delay is onus of employer/lease company.
How would you conclude that NOC was expired?
Has the company claimed Rs.2000/ for another NOC in writing?
Establish that delay is caused by employer.
It is none of your concern if the staff is untrained or slow. The employer is under obligation to act time and not cause any hardship or loss to employee. The employer has installed Line Managers/bosses/HR personnel/Admin/Lease staff etc for this purpose only.
The employer had sufficient time of 15 days as you paid 15 days before LWD.
>>> "I worked as consultant for more than 7 years. The total benefits could be more then 100k."
If the relationship with establishment was that of employer-employee, the you are eligible for some benefits e.g. Gratuity ( even PF if eligible) that can not be attached.
You may write to supply you the FnF statement and that Notice of Calculation of Gratuity/payment is not supplied to you.
If Gratuity is not paid within 30days from LWD then interest @10%pa has to be tendered.
You can also submit FormI.
Guest
(Expert) 20 July 2016
Kumar ji,
He may be assuming about benefit of 100K, but does not seem to have the knowledge what is F&F and the kinds of benefits he is entitled to under the F&F.
Kumar Doab
(Expert) 20 July 2016
Shri P.S.Dhingra,
Sir,
The author should have consulted his own counsel specializing in Labor/Service matters and gained benefit of counsel on how to proceed.
He can approach his counsel now.
The employee should always retain access to the counsel and prefer to proceed under expert guidance and avoid proceeding on his/her own.
Kumar Doab
(Expert) 20 July 2016
Author @ Navneet,
You may reply to the points raised by Experts.
You have not posted the basic information e.g; What was your designation/nature of duties
, length of service, your state, monthly salary etc etc. The information is going to help you.
If you are rendered unemployable then you should express it to good offices, with logic's.
The HR can and should supply you the correct FnF statement, acknowledgment and acceptance of notice of resignation, final resignation, final lease amount paid by you, NOC/NDC, service certificate, relieving letter, Form16 as per correct FnF statement, PF number and a/c slips, ESIC card, handover of charge etc etc.................
If HR has not acted then narrate the representations datewise, with brief minutes, to good offices.
