Final settlement


Hi All,

I seek some legal advice on my below case.

I tendered a resignation with an IT organization on Dec10 2012 and got relieved by Jan 11, 2013. Per my appointment letter notice period for me would be 2 months but I didnt sign the appointment letter as I never agree with notice period clause. So When I resign after series of discussion they agreed me to relieve in a month.

Now when I ask FnF and relieving letter, they post me appointment letter and asking me to sign the appointment letter to close the relieving process. If I sign the letter company will deduct one month salay in lieu of notice period which was not served.

It is a small organization, so I talked with director of company and get negative response to get FnF without deduction.

Shall I go ahead and sign appointment letter to get the FnF after deduction or am I legally correct to seek help from labour office to get the Final settlement without deduction? If yes I am from Tamil nadu and was working in Hyderabad, which office I should contact.


Kindly advise!

 
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FIN

Given below is heartfelt opinion. Yu may show all docs to a competent and experienced labor consultant/service lawyer and give inputs in person.

Usually companies give offer letter which briefly states the terms and conditions and remuneration of selected candidate.

Did this company issue offer letter and did the offer letter mention notice period?

 Have you received the relieving letter even if by email? If you have then it is good or obtain the reliving letter as ap. Try and obtain comments that you had resigned and resignation was accepted. Try and obtain comments even if by email that appointment letter has been posted on dated…..by courier/redg. post.

 

 

You have posted that:

--“ but I didnt sign the appointment letter as I never agree with notice period clause.”

The contract of employment is per negotiated/settled/agreed upon conditions.

You never agreed to the notice period.

However you could have communicated even if by email.

Now you may submit to your appointing authority, MD, Director that before joining/upon joining and later you have been representing to companies {if possible mention dates and name/designation/dept/address of company personnel} that you shall not accept the clause of two month’s notice period and notice period and appointment letter should be as per standing orders/SE Act applicable to the company.

 

Shall I go ahead and sign appointment letter to get the FnF after deduction”

If you agree to sign the appointment letter you may write above your signatures that clause number…..on notice period of 2 months is not accepted as already communicated in previous representations in person in office, and put the current date below your signatures. You may also mention that appointment letter is received on dated…..{date of receipt by post and keep the envelope}.

--“ so I talked with director of company and get negative response to get FnF without deduction.”

 

Company shall be pleased to square of your dues by adjusting notice pay in FNF statement.

Company should adjust notice pay @ basic + DA as it disburses earned leave, bonus, Gratuity, OT at this rate.

--“ I am from Tamil nadu and was working in Hyderabad,”

Hyderbad if it was your last location in the company.

Company might have mentioned that courts of …….shall have the jurisdiction.

So may choose what is suitable to you.

 

--“ was working in Hyderabad”

SE Act AP {attached.You may obtain latest version from dept of labor or market}

Min. Notice period 15 days.

Model Standing Orders: 13.         Termination of employment.--

Notice Period; None in case of probationers.

 

--“which office I should contact”.

Inspector in SE Inspectorate or o/o Labor Commissioner.

The address may be available at dept of labor website of AP.

 

 
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FIN

Attached.



Attached File : 189217382 model%20standing%20orders.doc, 189217382 ap se act.doc downloaded 68 times
 
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HR assistant

But dear Vignesh I don;t want to discourage or disappoint you that if you would seek the legal recourse then the chances are that you would repent entire your life. Get your job done anyhow from your previous employer if you wanted job anywhere else. Court cases or labor conciliations are for the people who have nothing else to do. Remember laws are there that even a neggar could become prime minister of India but is it possible?

I sound a bit of negative mind but I don't bang my head on the wall though wall has no flesh, no blood but it had mortar.

Regards

 
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FIN

Take the cue from post Of Mr. Dhusia.

Be smart and get your job done. Apply your rapport, goodwill, and exceptional levels of persuasion, persistence, reasoning, negotiation skills. Try and obtain comments and documents and close the matter.

Litigation can be stressful for many employees.

 

Dealing with employer has become a game of chess.

It is better to learn it and be master of the game.

Employee should work sincerely and justify every penny of the salary by delivering performance. Employee should keep the record in his/her favor.

Employers do not marry employees. Employment is not marriage.  

The IT employees union UNITES; UNIDOC may be of some help to you now and even in future.

 IT/BPO Voice of India | Facebook

UNITES Professionals

The Indian Headquarters at Bangalore

Prithviraj Lekkad - President, UNITES Professionals India
Karthik Shekhar - General Secretary, UNITES Professionals India
#6/2, 1st Main, Next to Kodava Samaj, Vasanthnagar, Bangalore - 560 052
Phone: + 91 - 80 - 2235 5959 . 4123 5499
Email: contact@unitespro.org / unitesprofessionals@gmail.com

Hyderabad
J S R Prasad - Director, UNIDOC India
UNI Development Organizing Centre, 1-1-776, SBI Colony, Gandhi Nagar, Hyderabad - 500 080
Phone: +91 - 40 - 27653300
Fax: +91 - 40 - 27672200
Email: unidoc@gmail.com / jsr.prasad@unitespro.org

 

http://www.uniglobalunion.org/__c12574b80023b9d3.nsf/0/20090218_dl9cEn

 

 
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