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chiru_HR (Tax assosiate)     20 January 2012

To get my service letter

I joined a software company as a software engineer but with the bond of 1 year that is not on the legal paper but only on the company's letter pad.
If I leave the company before one year, I have to pay 2 month salary(2 lacs) which I take from the company.. but company kick me any time with the notice of one month. I have to work at client location not in in house project. My company give me lot of promices when i join, like my career growth in the company etc..but that is not on the papers.

After joining the company i found that their is no my good carrier/ joob security here. I have discussed this with my manager many times.
so i leave the company by imidiate resignation after 7 months. My resignation was acccept from company. I had clearly mentioned about my willingness to serve the notice period.  I have to serve 2 month notice period and company will not pay the salary during notice period. I asked him  one month salary during  notice perios due my financial commitment. He saild definetly u will get it. I have completed that month without a single leave. but till now i didn't get my salary

Due some issue(no work/project scrapped), Client was sent me back to parent company within one month. I came to know this one day before of last date at client locations. I contacted the manager regarding next one month work plans, he says now that he is not the concerned person. please talk to HR.

Aftre discussing with HR, I understood that they don'y have any work plans for me and my last working date here same as last working date at client location. but that is not on the papers/emails.
also he says.. no need to come office .. I will inform you ..when should u come come to office..and work plans.

I didn't get any call& mail from HR. I went to office twice, but they didn't give any proper information abt my work plans and last working date.

Since then, I was continuously following up with my HR & Manager. I called them so many times, first they saying that they will send my salary thru check, but they are not picking up my calls and not responding me.  I have sent so many mail to my manger and HR regaring my worki assignments or my resignation date if it is preoponed(approx 10 mails). They didn't respond to my mail.

This clearly shows the policy of the company & how they are just playing with the employees. I think for them the employees are just animals whom they can hire anytime & getting their work done without paying them their dues.

Now I have completed my notice period(2 months). I didn't get salay for during notice period(2 months)

I asked for final settlement docs(service,Form 16, PF), The company is now demanding one month salary saying that you have not worked for one month(second month).
if they didn't planned any work to me for second month / they didn't confirm my last working, How can I pay one month salary wothout employement.


Is there any possibility that can proceed legally to get final settlement docs.



Learning

 3 Replies

Kumar Doab (FIN)     21 January 2012

 

You have posted that:

-“ but company kick me any time with the notice of one month” This is not promoting equality and fairness in contract envisaged in appointment letter or service agreement/bond.

-“I have to work at client location not in house project.” It is felt that you have been seconded to another company.

What are the terms and conditions expressed in your appointment letter on being seconded to another company? You may show your appointment letter and all records to a competent and experienced service lawyer.

-“My company give me lot of promises when i join, like my career growth in the company etc..but that is not on the papers.”

Verbal deliberations have no legal value until witnessed. Moreover this is very generic claim until you specify the promises made to you. It seems that you have never put in writing the tangible and workable benefits or incentives or increments assured to you during your employment.

-“After joining the company i found that there is no my good carrier/ job security here. I have discussed this with my manager many times.”

You should have expressed your reservations in writing. This should have helped you in the long run.

-“I have to serve 2 month notice period and company will not pay the salary during notice period.”  Is this stated in writing? If yes you have an upper hand. The lawyer in the country can bring the company on floor for you.

Condition of No salary during the notice period is not legal anywhere in the world. If you have worked company has to pay you your wages.

If the seconded company is refusing to pay and in your appointment terms the first company has expressed you can be seconded or if you have record to establish that you were seconded by first company you/your lawyer may succeed to transfer the onus of your wages on first company.

Or is it that the seconded company is telling ( or writing) to you that FNF settlement shall happen after notice period is over? Even this is unfair. You must demand your wages and express your financial burden in writing. You can demand say 80% of your earned wages at once ands balance in FNF settlement. TO build record you should post your grievances to first company also and demand fro help at once. This shall help you in the long run.

 

If you document everything may succeed in building record and establish the companies were unworthy of being employed with and you were left with no option but to separate and seek your daily bread and livelihood from somewhere else.

-“Aftre discussing with HR, I understood that they don'y have any work plans for me and my last working date here same as last working date at client location. but that is not on the papers/emails.”

“also he says.. no need to come office” “I didn't get any call& mail from HR. I went to office twice, but they didn't give any proper information’

As suggested you may put this on record. It means that there was no work for you and since company was not paying you although you were working without a single leave, and without payment of your wages, hence there was no other option but to separate. How shall a company pay you while there shall be no work for you, which was not paying you while you were working? Moreover you were instructed not to come to office, which virtually means you have been discharged.

 

-“I called them so many times, first they saying that they will send my salary thru check, but they are not picking up my calls and not responding me. “

You may  put everything on record in writing.

-“I have sent so many mail to my manger and HR regarding my working assignments or my resignation date if it is preponed(approx 10 mails). They didn't respond to my mail.”

It is felt that company is maintaining studied silence on supplying you the acknowledgment of your resignation and acceptance and subsequently FNF etc.

-“The company is now demanding one month salary saying that you have not worked for one month(second month).”

Is this demand put to you in writing? Do you have your attendance record to establish that you have worked for two months?

You must send a terse email/letter to the personnel by name that has made this statement.

If company has asked you verbally/in writing/ or tactfully without placing on record pushed you to remain out of office during second month, company has to pay you the salary.

-

An ill informed employee is usually taken for a ride by such unscrupulous employers and due to compulsions of job or by being over enthusiastic/zealous line management and HR becomes a party to such unfair acts.

 You may put everything in writing by carefully drafted written communications under acknowledgment. Later you may submit a structured gentle representation in writing under acknowledgment to the good offices of your appointing authority, MD, CEO, Head-HR.

It shall appropriate to consult elders in the family, competent and experienced well wishers, trained legal mind, competent and experienced service lawyer, labor consultant, lawyer, law firm and proceed under expert advice.

When an employee joins an unscrupulous employer without checking the credentials and without seeking advice such episodes happen.

Now if you end up paying two months salary as bond amount and have to surrender one month pay since you were out of office then what is your gain out of 7 months of employment? You shall end up paying the employer salary out of your pocket. Add to it the other expenses you have and you may have to incur.

Kindly be careful in future.

 

 

 

 

 

chiru_HR (Tax assosiate)     23 January 2012

Thank Kumar for you reply. I have given more info to u r queries/information in greesn color

-“ but company kick me any time with the notice of one month” This is not promoting equality and fairness in contract envisaged in appointment letter or service agreement/bond.
 
-“I have to work at client location not in house project.” It is felt that you have been seconded to another company.
 
What are the terms and conditions expressed in your appointment letter on being seconded to another company? You may show your appointment letter and all records to a competent and experienced service lawyer.

<Chiru_HR> My payroll and employement related to my company. It is not related client. If Client have work, They will retain employee otherwise thy send back to their own( parent) companies.

 

-“My company give me lot of promises when i join, like my career growth in the company etc..but that is not on the papers.”
 
 Verbal deliberations have no legal value until witnessed. Moreover this is very generic claim until you specify the promises made to you. It seems that you have never put in writing the tangible and workable benefits or incentives or increments assured to you during your employment.
 
 <Chiru_HR>
These are not in paper/mail. I have inform all my problems/Job security issue to my manger during one-to-one disussion/employee satisfactory survey.

 

-“I have to serve 2 month notice period and company will not pay the salary during notice period.”  Is this stated in writing? If yes you have an upper hand. The lawyer in the country can bring the company on floor for you.
 
Condition of No salary during the notice period is not legal anywhere in the world. If you have worked company has to pay you your wages.

<Chiru_HR> I have send one mail to request at least one month salary during notice period. I didn't get reply from management. Salary was credit in my account after one month.

 

If the seconded company is refusing to pay and in your appointment terms the first company has expressed you can be seconded or if you have record to establish that you were seconded by first company you/your lawyer may succeed to transfer the onus of your wages on first company.
 
Or is it that the seconded company is telling ( or writing) to you that FNF settlement shall happen after notice period is over? Even this is unfair. You must demand your wages and express your financial burden in writing. You can demand say 80% of your earned wages at once ands balance in FNF settlement. TO build record you should post your grievances to first company also and demand fro help at once. This shall help you in the long run.
 
If you document everything may succeed in building record and establish the companies were unworthy of being employed with and you were left with no option but to separate and seek your daily bread and livelihood from somewhere else.

<Chiru_HR> My payroll and employement related to my company. My payroll and employement related to my first company. Not related to second compnay.

 

-“Aftre discussing with HR, I understood that they don'y have any work plans for me and my last working date here same as last working date at client location. but that is not on the papers/emails.”
 
“also he says.. no need to come office” “I didn't get any call& mail from HR. I went to office twice, but they didn't give any proper information’
 
As suggested you may put this on record. It means that there was no work for you and since company was not paying you although you were working without a single leave, and without payment of your wages, hence there was no other option but to separate. How shall a company pay you while there shall be no work for you, which was not paying you while you were working? Moreover you were instructed not to come to office, which virtually means you have been discharged.
 
<Chiru_HR>
HR discussion are not mails. It's completely oral. I went to office twice,
First Discussion:

HR says.. We will plan somework or releave in 2 -3 days and last workind day same as ast working date at client location.

I have sent  mail to my manager / HR same day,  Regarding last working day if it is preponed . They didn't give reply to my mail.

Second discussion:

I went to office after 7 days, He says.. Manager was on leave today.. will inform you in 2 days

I have sent mail to my HR/Manager, Regarding my work assignment & last working day.  They didn't give reply to my mail.


-“I called them so many times, first they saying that they will send my salary thru check, but they are not picking up my calls and not responding me. “
 
You may  put everything on record in writing.
 
-“I have sent so many mail to my manger and HR regarding my working assignments or my resignation date if it is preponed(approx 10 mails). They didn't respond to my mail.”
 
It is felt that company is maintaining studied silence on supplying you the acknowledgment of your resignation and acceptance and subsequently FNF etc.

<Chiru_HR> I have mails 10 mails  

-“The company is now demanding one month salary saying that you have not worked for one month(second month).”
 
Is this demand put to you in writing? Do you have your attendance record to establish that you have worked for two months?
 
You must send a terse email/letter to the personnel by name that has made this statement.
 
If company has asked you verbally/in writing/ or tactfully without placing on record pushed you to remain out of office during second month, company has to pay you the salary.

<Chiru_HR> After my notice period(2 months) was over , I have sent one mail  my HR& Manager to know the resignation details.
1. Resignation process
2. When should I come to office to fill formalitie.

I didn't get reply from office. I went to offcie one to discuss final settlement. HR is demanding one month salary from me. HR is not intersing these things in mails.

  

 

Kumar Doab (FIN)     23 January 2012

You may structure your representations and submit in writing under acknowledgment to good offices of the company. If this does not fetch you relief you can approach o/o Labor Commissioner at your last location. If you do not send your lawyer company can also not send its lawyer.

However it shall be appropriate to proceed under expert advice from elders in the family, competent and experienced well wishers, trained legal mind, competent and experienced service lawyer, labor consultant, lawyer, law firm.


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