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Full and final settlement not done by employer

(Querist) 21 September 2016 This query is : Resolved 
Dear Experts,

I was working with an IT Company (Emkor Solution Limited from March 20, 2013 to December 04, 2015. The company has given me a letter stating your full and final settlement will be done in next 90-120 days. However, not done yet. There is three month salary, yearly bonus (already announced and letter received), Leave Balances encasement, and bond amount (which was due on february 2015 and TDS has been deducted but amount is partially paid).
The PF amount was deducted from my salary every month but not deposited to authority post 20-04-2015 (Accounts updated upto 31-03-2015)-EPFO".

I tried to approach the employer (Emkor Solution Limited) including MD & CEO - Mr. Vikaram Dham through various mode. However, did not receive even a single revert.

Please suggest the way forward to get my full and final settlement done.

Regards,
Kirti Sagar Singh
Ms.Usha Kapoor (Expert) 21 September 2016
Dear Client,

Issue a 15 days Legal notice demanding all dues to your employer
and if there is no reply or there's no satisfactory reply fight it out in Labor court and get your dues with interest.
Kumar Doab (Expert) 21 September 2016
Did you receive FnF statement, salary slip of all months,PF a/c slips, Form16 of each year, acknowledgment and acceptance of notice/final resignation, handover of charge,NOC/NDC etc etc?



What was your designation and nature of duties?


You were in which state?


What was the notice period inserted in appointment letter and tendered by you?



Did you serve full notice period?


Raj Kumar Makkad (Expert) 21 September 2016
I do endorse the advice of expert Doab.
Rajendra K Goyal (Expert) 22 September 2016
Agree with the expert Kumar Doab.
ADV-JEEVAN PATIL, MUMBAI (Expert) 23 September 2016
Send legal notice
ADV-JEEVAN PATIL, MUMBAI (Expert) 23 September 2016
Send legal notice covering all the facts.
ADV-JEEVAN PATIL, MUMBAI (Expert) 23 September 2016
Send legal notice covering all the facts.
Kirti Sagar Singh (Querist) 23 September 2016
Dear Experts,

Thank you for your valuable suggestion.

Please also find the details requested by Expert Doab.
1. Did you receive FnF statement - No.
2. salary slip of all months - Yes, Till October 2015.
3. PF a/c slips - Salary Slip contains PF deduction details.
4. Form 16 of each year - Yes, however form 16 contains the details till August 2015.
5.acknowledgment and acceptance of notice/final resignation, handover of charge,NOC/NDC etc etc. - Yes.
6. What was your designation and nature of duties - Assistant Manager (Business & Process Consultant).
7. You were in which state - Haryana (Registered office in Delhi).

8. What was the notice period inserted in appointment letter and tendered by you - It is two months. In month of june 2015 it was increased to three months. on 03rd November 2015, an e-mail was circulated stating notice period is now two months and followed by a notice letter stating we will help you to place during your notice period. On 03 December, 2016 I was asked to have your last working day tomorrow (04 December 2016). I also have a letter for my last working days.

9. Did you serve full notice period - Refer point #8.
Kumar Doab (Expert) 23 September 2016
For the time being I am restricting my response to following:




>>> Notice Period: You have not specifically replied to;

"What was the notice period ................tendered by you?'



Confirm;90days or 60days?


Do you have copy of the notice period tendered by you?





Has been increased/decreased at the sole command/whims/fancies of employer.




Apparently while you tendered notice of resignation, the notice period was 90 days. During the notice period, while you were serving it, the notice period was reduced to 60 days and you were asked to leave employment while serving notice period of 90 days.



Isn' it?



Confirm.




Does any service condition inserted in any document issued to you e.g; appointment letter, any rules policy mentioned in appointment letter lay down that notice period can be changed at any point to time and notice of resignation can be accepted before expiry of notice period, tendered by employee?




Does the latest communique by email reducing the notice period again to 60days (while you were serving notice period) state that the change is effective from back date ( i.e. when you tendered notice period)?


Confirm?
Kumar Doab (Expert) 23 September 2016
FnF statement: demand to supply it. Do not accept if it is not correct. remember to decline to accept citing errors. In addition to earned wages check if notice pay @ full gross/CTC etc, for shortfall in notice period ( 90 days- unversed due to advance relieving from duty), leave encashment/bonus etc etc are included.




PF; You have copy of salary slips showing PF deduction. Do you PF a/c slips issued by EPFO of each year, for employee, thru employer?


If NO ask for it.




Form16: Of 2016 could have been supplied to you by June16.

Check and clarify why partial is paid?




Kumar Doab (Expert) 23 September 2016
FnF dues: You have posted that: acknowledgment and acceptance of notice/final resignation, handover of charge,NOC/NDC etc etc. - Yes.



There is NO reason to not pay the dues.



Apparently the salary slip of Oct15 is issued but not processed, hence it is a chance that statutory dues e.g; PF,TDS ,ESIC etc are not processed.





Submit final communication addressed to good offices of appointing authority,MD etc and narrate all representations made so far (mention names/dates/brief minutes) and ask to supply pending dues/docs so as to reach you within say next 7 days by bank DD/Redg. post.





Thereafter there is NO point in giving long rope to employer and approach lawful authority/forums under expert guidance of a very able counsel specializing in labor/service matters.


Kumar Doab (Expert) 23 September 2016
Assistant Manager (Business & Process Consultant) in a Pvt. IT/ITeS company may not necessarily be outside the coverage by labor laws.



Kirti Sagar Singh (Querist) 23 September 2016
Dear Expert (Mr. Kumar Doab),

Thank you for your revert. Please find the required details below.

Notice Period: You have not specifically replied to;

"What was the notice period ................tendered by you?'

Confirm; 60 days (I was serving the notice period of 60 days than on 03 December 2015 I was requested to have my last working day tomorrow (December 04, 2015.)


Do you have copy of the notice period tendered by you- I have the letter issued on 03 November 2016 stating due to re-structuring of company we would like you to serve the notice period and help you to get placed.

Has been increased/decreased at the sole command/whims/fancies of employer.- Yes.

Apparently while you tendered notice of resignation, the notice period was 90 days. During the notice period, while you were serving it, the notice period was reduced to 60 days and you were asked to leave employment while serving notice period of 90 days.



Isn' it? - No, it was 60 days. (It was 90 days before. First an e-mail was circulated and than the letter was issued to me.

Confirm.

Does any service condition inserted in any document issued to you e.g; appointment letter, any rules policy mentioned in appointment letter lay down that notice period can be changed at any point to time and notice of resignation can be accepted before expiry of notice period, tendered by employee? - No, Two months notice period is mentioned but not mentioned that it can be changed.

Does the latest communique by email reducing the notice period again to 60days (while you were serving notice period) state that the change is effective from back date ( i.e. when you tendered notice period)?


Confirm? - No, First an e-mail was circulated that notice period is now 60 days reduced from 90 days and than the letter was issued to me as a notice to serve the notice period on 03 November 2015. I was serving the notice period of 60 days than on 03 December 2015 I was requested to have my last working day tomorrow (December 04, 2015.)

Looking forward for your valuable advise and way forward in this matter.
Kumar Doab (Expert) 23 September 2016
If the notice period was 60days and you tendered notice of resignation of 60 days


And/OR employer asked you to serve full notice period of 60days and you served notice period of 60 days then there is no deficiency and misconduct on your part.





There is NO reason to not to pay the dues to employee.



Write to good offices as suggested and exhaust the internal remedy.


Remain gentle and amiable but specific and firm.

Kirti Sagar Singh (Querist) 23 September 2016
Thank you very much for your valuable advise.
Kumar Doab (Expert) 23 September 2016
You have posted that:

"Did you receive FnF statement - No."


Unpaid wages/promised amounts are debt on employer.

This might be an attempt to not to admit the debt, by FnF statement.



You may cite the amounts due to be paid to you and also demand all docs as suggested in previous posts.....



If good offices do not provide any relief after your final representation, then come back or approach your able counsel.
Rajendra K Goyal (Expert) 27 September 2016
Well advised / guided by the expert Kumar Doab, can proceed accordingly.


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