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Robin Bakshi (State Head -- Punjab & Haryana)     20 May 2013

F&f not paid by everonn education limited

Dear Concerned,

I had resigned from Everonn Education Limited in June 2012 after completing 1 year as I was moving abroad. I have duly resigned and submitted everything to the company. I have also submitted my F&F forms, re-imbursement forms etc.

Initially the company denied to receive such forms and directed me to re-send it. I have again re-sent the forms via Courier and also submitted the POD number to the company.

After waiting for another 3 months, when I contacted the company, they were only making false promises to pay and credit my account at the earliest which never happened.

Now, they are not responsing to my e-mails nor answering their phones.

Request you to please suggest.



Learning

 3 Replies

Kumar Doab (FIN)     20 May 2013

The important documents should be preferably supplied by Redg. post. Speed Post/courier should be avoided.

Obtain POD from website of the courier or office of the courier and attach with yur email to company.

 

 

Address all representations to good offices of Appointing Authority, MD, Chairman, Company Secretary by name and narrate all representation made so far (mention name of company personnel, designation, dept, name of company, address and state phone numbers, date of phone call, email id, in person etc) and conclude that the company personnel have been willfully and intentionally trying to do away the amounts company owes to you and you are seeking intervention of good offices for relief.

 

Demand that payment of dues by Bank DD only, and all documents should be supplied to you say within next…………….7 days and postage prepaid (as purchased fro PO) self addressed envelope is attached for sending redg. post to you.

 

If the good offices also maintain studied silence or do not provide any relief you may have to charge and pull the company personnel by name, and officials in good offices in appropriate forum.

 

The time for payment of FNF dues is usual pay day.

Company should have supplied acceptance of resignation, service/work experience certificate, relieving letter, acknowledgment of handover of charge, PF number/PF account slips/ attested copies of PF forms, correct FNF statement, Form 16 as per correct FNF statement on last day in office.


In addition to the Industrial Disputes Act, 1947, states also provide for compliance's under the Shops & Establishment Acts, Standard Standing Orders Act……. If the employee falls within the definition under these enactments, then he would be protected, up to that extent.


e.g.;
-----Delhi Shops & Establishment Act:

37. Powers and duties of the Inspector:
(b) Duties of the Inspector:
(i) that in dispensing with the services of an employee the provision of the Act and Rules
have been complied with and no dues payable under the Act or Rules have been
Withheld;

{You may approach the Inspector for relief.}


-----The designation alone does not decide employee is a workman or not.
Your lawyer may ask you a set of structured questions and may opine that you fall within the category of workman.

You may go thru the standing orders of the company/model standing orders:

13. Termination of employment.-- (3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.


16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.


------THE PAYMENT OF WAGES ACT, 1936
{Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act}

2. Definitions:
3*[(vi) "wages" means…………..
(d) any sum which by reason of the termination of employment of the person employed
is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

 

Or you may approach civil court. The limitation period to file may be 3 years in your case.



You may also approach some senior trade union leaders, community leaders also. They know the precise and effective ways to drill sense into the heads of such personnel and employers.

 

There are threads suggesting that employees filed criminal complaints under Section 406, 420...........

and that unpaid amounts can be claimed as debt on employer.

e.g.; https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

You may approach a competent and experienced labor consultant/service lawyer as ap, show all documents, give in person and proceed under expert advice of your lawyer.

dyananda (branch accountant)     22 May 2013

Dear Sir,

                  I am a bonded staff of a compny , when I leave a company without information to the company then what reaction should be comeee.................!

Kumar Doab (FIN)     22 May 2013

 

 

 

@ Dyananda,

 

You has initiated a thread at following link:

 

Discussion > Labour & Service Law > Others > Bond

https://www.lawyersclubindia.com/forum/Bond-81047.asp#.UZy_d6KAqWM

 

 Don’t panic and Don’t act in haste.

 

What you are thinking to do is: Abscondment:  which is misconduct.

After say…..8 days company would declare you absconding in its record with or without notice to you by effective modes of communication e.g. redg. post.

Such employer are known to insert back dated/damaging documents in personnel file.

 

 

Company would be happy to deny acceptance of resignation, proper relieving, notice pay, and may even issue order of termination.

 

HR is not your employer.

 

You have submitted notice of resignation, which is accepted by your manager.

 

You may submit the resignation to appointing authority also, by redg. post and attach copy of notice already accepted, mentioning that you have and are submitting notice of resignation dated with notice period of ……………………days/effective of resignation/last day in office being dated………………….and that you are willing to tender notice pay for shortfall in notice period as per clause number……………in appointment letter dated…………….issued to you/ or you are willing to serve full notice period ( as suitable to you) and handover the charge.

 

You may mention that all tasks on hand have been completed by you and now onwards routine duties be assigned to you which can be completed within and up to your effective date of resignation/last day in office and you should be informed to whom you should handover the charge., and the concerned employee may be advised to issue acknowledgment on the spot.

 

 

 

On your last day in office you may submit Final resignation, by redg. post.

Submit everything by redg. post.

Obtain POD from PO for all redg. post sent by you.

Still if the company claims you have absconded you will have proof to challenge the contentions of the company.

 

 

If company is causing undue harassment employee can approach o/o Labor Commissioner, Inspector under Shops and Establishments Act, Trade Union Leaders……….

Your lawyer may ask you a set of structured questions and may opine that you fall within the category of a workman.

 

It is reiterated that you may approach a competent and experienced labor consultant/service lawyer, with copies of all of your documents, give inputs in person, spend quality time with your lawyer and proceed under expert advice of your lawyer.

 

Finally: You may proceed as deemed fit at your end.

 

You may also confirm to your lawyer that is this microfinance company is : MFI ; and whether it is Non-Profit MFI set up as trusts or societies with the aid of grants and donations, registered under the Societies Registration Act, 1860, or the Indian Trust Acts, 1882 or started out as NGO.

 

or it is For Profit Institution : a non-banking financial company(NBFC) or a co-operative,

and has it obtained license from RBI.

 


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