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Rohit (Software Engineer)     31 July 2014

Company not giving fnf

Dear All,

I was working in an company situated in Delhi. I joined the company in march 2012 and in the end of january 2013 they forced me for immediate resigning.

After i resign they provide me my experience letter but till date (its end of june 2014) they are not giving my FnF (Full and Final Settlement) even they are not providing me FnF status or any details.

I followed up them many times via call/email, i emailed their accounts department and keep hr in cc. Initially they respond by saying that they were provide me my fnf in 15-20 days but now they stop responding even they never pick up my call.

Can any one please give me some legal advice on this matter.



Learning

 5 Replies

Kumar Doab (FIN)     31 July 2014

Did the company deduct PF from salary and issued salary slip showing deduction, and issue PF number, PF a/c slips each year?

Have you submitted PF withdrawal/transfer forms and do you have POD, acknowledgment?

It shall be better to transfer PF and keep the a/c regular. The EPFO website and PRO, APFC,RPFC in nearest PF office can guide you.

Don’t remain entangled with HR and escalate to good offices of appointing authority, MD, under proper acknowledgment, mentioning all representations made so far.

 

You may be covered by def. of ‘Employee’ as in Delhi Shops and Commercial Establishments Act and may approach Inspector appointed under this Act:

Sec:

You may also approach Inspector under Payment of wages Act

O/O Labor Commissioner

It shall be appropriate to show all docs on record to a Labor Consultant/Service lawyer and give inputs in person and proceed under expert advice of your lawyer.

 

Employee’s from your sector are not members of employee’s unions, trade unions and hence face harassment.

T. Kalaiselvan, Advocate (Advocate)     02 August 2014

Mr. Kumar Doab has properly addressed your query.  to add, you may, in the event of no or no proper response from the top boss of the company to your representation in writing to you explaining the events and requesting his intervention to meet your dues from the company, you may resort to proper legal action by first issuing a lawyer notice narrating the entire thing and demanding your dues, if the notice fails to invoke any response, you may proceed through law enforcing authorities namely as mentioned by expert Mr. Kumar Doab above.

Rohit (Software Engineer)     11 August 2014

Hi,

My last employer will deduct EPF from my salary, i have salary slip's stated EPF account no. and amount deducted but i am not able to withdraw or transfer that amount because (a), my current employer didn't deduct EPF from my salary and (b) my last employer is not responding to any of my query.

I also mark a mail to my last employer on 31st of July, regarding my FnF pending issue and requesting them to resolve this with in 15 days otherwise i complaint against them in consumer court but still there is no response from them till date.

As Mr. T. Kalaiselvan stated, how can i issue a lawyer notice to my last employer, can you please suggest any firm/lawyer to whom i can meet or discuss my problem. 

Regard's

Rohit.

payal kapoor (operation executive)     28 August 2014

Dear All,

I was working in an company situated in noida. I joined the company in april 2014 and in the end of july 2014 i want to resigned with some official related issues like they said after 3 months we increased your salary that was mentioned in my offer letter also but when i talked regarding this matter in the month of july they clearly deny no increement we giving so thats the reason for giving resign and some official environment. And in july my working days is 6 because from 1 july to 14 july my B. ed exams are coming and they gave me LPW ( leave without pay ) leaves when i joined the company in April 2014 they said me for exams we are giving you Special leave but they did not gave me that leaves and i joined office from 15 july 2014 till i worked there on 21 july 2014 after that i am not coming in office due to my mother having kidneys problem and i am the only person to take care in my home. and when i come for giving resign regarding these issues salary increement issues, leave issues and office environment i decided to gave resigned.

After i resigned on july month 2014 they said me after 15 days your FNF ( full and final )settlement will be cleared we called you and take your FNF cheque but when they didnt called me. Firstly on 23 august 2014 i visited office and they HR said to me our senior Manager is not in  office so thats why your FNF documents not signed till now then i called on 25 august 2014 HR again said to me today our manager is in office i send your documents for signature on your FNF again no response from office side and again i called on 27 august 2014 for Status of my FNF HR said me our senior said we are not paying your salary because from your joining  you take 5  Casual leaves till july month. so we are not giving your salary.

Can any one please give me some legal advice on this matter.

 

regards,


Attached File : 724501322 issue.docx downloaded: 124 times

Deepak Sharma (SOFTWARE DEVELOPER)     04 September 2014

Dear Sir,

I,Deepak Sharma from delhi ,i Worked in MD INFOSYSTEMS PVT. LTD. ,PASCHIM VIHAR NEW DELHI, Bangalore from April 2012 to August 2014 as a Software Developer.

I had served my notice period from *23-July-2014 *To* 04-Aug-2014 (13 Days)*
and handover all projects and have done some of my best work during notice
period but due to urgency i could not completed rest of my *17 days*
according to company policy *1 Month *notice period.

And My total days are *34 Days (* *from 01-July-2014 *To* 04-Aug-2014
)*   including
my serving period.

And i did not get salary *from 1-July-2014 To 04-Aug-2014 or *any *Cheque*
from the company and i am able to get *F & F* rest of *17 days of salary*

but company has not paid my FNF.

I asked about my pending amount; they are not ready to give me any satisfaction date or time.

 

Please kindly anyone suggest me what I should do to take any legal action against on company. Is there any law protecting employee's benefit?

 

Even If I get some good suggestion then we are planning to put some case against the company with group.

 

Your prompt response shall be appreciated.

 

Thanks & regards

 

Deepak Sharma


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