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Bhupinder Singh (Branch Manager)     26 September 2014

F&f settlement

Dear All

I was employed in Broking Co.(Share Trading) 2012-13 as a branch manager, company deals in online & offline share trading. one of my employee(Branch Dealer) who punch orders in system on behalf of clients. he did some unauthorized trades in one account & got abscounding. Client logged compalint against branch in head office of the company. somehow we managed to resolve the matter. After that the same client traded with us for 4-5 months & i got transfered into another verticle of company from Apr 2014. In the month of september the same client logged a complaint in NSE(National Stock Exchange) where he mentioned the dispute period between Sept 2012 to June 2013. They hold my salaries for the month of Sept, Oct & Nov which is still pending. I resigned on 14nov2013 & i received my Relieving letter in the month of Feb2014 but they are not giving me my f&f. They have alredy denied the complaint of client. Sir, please suggest



Learning

 5 Replies

Kumar Doab (FIN)     26 September 2014

Did they hold salary by a speaking order?

Did they supply FnF statement?

If complaint of the client  has been denied and you have the published version/evidence, then your lawyer may opine that you can allege fraud.

Did you have any power to sanction leave, appoint, terminate, award increments etc?

 

An employee’s/Trade Unions can agree to represent your case.

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Bhupinder Singh (Branch Manager)     26 September 2014

They have hold my salary & when i asked about the same they have confirmed the same on mail.

They are not giving me F7F statement but i have Salery slips(generated in system) & form no 16.

I have print of mail send to NSE for the same & also i have checked the complaint on NSE's website.

I had power of sanction leave only.

Kumar Doab (FIN)     26 September 2014

What is written in email sent by company?

Did you demand to send FnF statement? Demand for it in writing under proper acknowledgment.

Do you have salary slip of 3 months Sep-Oct-Nov? Is any amount of salary mentioned in it?

Has the company included salary of Sep-Oct-Nov in Form16?

The entries (unauthorized) were not punched by you. Then why your salary should not be paid?

The subordinate employee that punched the entries is absconding.

How are you responsible for it?

Is the software designed so that you have to grant approval for each entry?

 

If company has stated entries (unauthorized) as a reason for blocking your salary then has it quoted any service rules, conduct and discipline rule, HR policy, etc vide which it has the discretion to do so?

Usually it is mentioned in appointment letter that service conditions shall be governed by service rules, conduct and discipline rule, HR policy.

Did the company conduct an enquiry and decided that you are responsible?

Has the company stated so in appointment letter issued to you?

Do you have copy of service rules, conduct and discipline rule, HR policy, etc that is usually mentioned in appointment letter?

You had power to recommend leave for approval, forward the leave application for approval, or power to sanction the leave? Study carefully and revert to this point.

Download the pages from NSE website.

Was your branch office registered under Punjab Shops and Commercial Establishments Act?

It should have been registered. The registration certificate is displayed near entrance.

If yes then in the registration certificate the name of Manager/In charge should have been mentioned.

Whose name is mentioned?

 

Approach your Labor Law Consultant/Service Lawyer AS AP with all docs on record and proceed under expert advice of your lawyer.


Your lawyer may opine that the options are:


--Lodge complaint with Inspector under Payment of wages Act if your wages were upto Rs.18000/pm as per def. of wages in this Act.
 

--Lodge complaint with Inspector under Punjab Shops and Commercial Establishments Act if you are cover by the def. of employee in this Act.

 

Your lawyer may ask you a set of structured questions and may opine that you are covered.


One of the job of the Inspector is to ensure that FnF wages of employee are paid in time.

--Lodge complaint with O/O Labor Commissioner if you are covered as 'Workman' as in ID Act…………………….Your lawyer may ask you a set of structured questions and may opine that you are covered.

--approach civil courts

lodge complaint under u/s 406,420......................file for winding up petition.

--approach employee's unions, trade unions and put pressure................

 

The trade unions may agree to represent you.

Bhupinder Singh (Branch Manager)     27 September 2014

Dear Sir

I have sent mail to HR head for F&F statement but they have not replied.

I have demanded F&F statement on mail only.

I have salary slips of Sept & Oct & there is my full salary mentioned in these salary slips.

They have calculated the salaries in form no16.

I am not responcible but i was the branch manager of the branch.

There is no clause is mentioned in appointment letter but they can only hold salary of any employee in case of misconduct.

This branch was registered under Punjab Shops & commercials establishments & my name was mentioned on this board that time.

They told me we will release your salary when this matter got closed, As per NSE a client can complaint any time within three years of dispute date. it is already one year & one month passed.

 

Kumar Doab (FIN)     27 September 2014

Don't remain entangled with  HR, Line Management.

Submit a final/gentle notice to good offices of appointing authority, MD, Chairman narrating all representations made so far (mention phone numbers, dates, emails, letters, names/designation etc..................and brief minutes of discussion) and cite the studied silence maintained by ..........................and seek to meet your demands....................................e.g. taking your good name out of the matter, payment of wages etc.....................  


You have posted that:

 

“ salary slips of Sept & Oct ( Not Nov) and Form16 has been issued full salary is mentioned in these and you are not responsible for the unauthorized entry and no enquiry has been conducted and there is no misconduct on your part.”

 

This seems to be cheating/fraud with you.

 

Even in case of misconduct the earned wages have to be paid on usual pay day until or unless there is established case of recovery.

 

Since you are not responsible your earned wages should not be blocked.

 

 

The options have been explained.

 

Your Labor Law Consultant/Service lawyer may still opine that you may be covered as’ Employee’ ‘Workman’…………………………and advise you on the appropriate forum and remedy……………..

 

After 3Y company may claim that you are not covered………………….the relationship is that of Master-Servant………………Specific Relief Act shall apply…………………………contract of personal service can not be enforced in court of law………………………jurisdiction of courts…………………….and even your claim is barred by limitation.

 

If the company is taking shelter in the name of NSE you may report the bad conduct to NSE…..

 

 

Therefore you may opt for a decisive action now.

 

With the help of Trade Union Leaders, Lawyer you may succeed to lodge a police/criminal complaint and build pressure to release your dues…………………….  

 

Demand notice by unions/legal notice notice by your lawyer may fetch you relief or you may approach court of law.

Some employees by virtue of their position, knowledge, resources, attain some kind of handle on employer. If you have such handle.......................................apply it. 

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