Final settlement

Dear,

As per my knowledge gratuity applicable only after completion of 5 years. And remaining benefits are subject to appointment letter condition. If you have any writing document regarding this benefits then you can serve demand notice through Advocate.

Has this company mentioned in your appointment letter that your remuneration shall be as per CTC remuneration/sheet enclosed with appointment letter or at annexure…..?

Has the company stated bonus, Gratuity, medical etc in CTC sheet?

If yes you may have a chance to claim Gratuity.

If you are referring to statutory bonus it has to be paid as per provisions of Payment of Bonus Act.

If you are referring to some performance bonus and it is mentioned in CTC sheet you may have a chance to claim it. Submit FormI under proper acknowledgment.

You have posted that” as per there request i have resigned.”

Did you submit resignation with immediate effect? If yes company shall be pleased to adjust notice pay in FNF statement/settlement and square off your dues.

Notice pay should ideally be @ Basic + DA, as Employer encashes paid leave, disburses bonus, OT, Gratuity……on Basic + DA.

If company requested you to resign it should have waived off the notice pay.

If you have any proof/evidence that company forced you to resign then you may agitate.

Forced resignation may be claimed as deemed termination.

In such a case your lawyer may agitate to claim lay off/retrenchment compensation or you may agree for notice pay from company.

However company should supply the correct FNF statement for acceptance by you (you may reject in writing if it is not correct) FNF dues by bank DD preferably, acceptance of resignation, work experience/service certificate, relieving letter, Form 16 as per correct FNF statement, on last day in office or within two days.

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.

If your establishment is a commercial establishment you may refer to Se Act applicable to your state.

e.g. SE Act Delhi:

30.  NOTICE OF DISMISSAL:

(1) No employer shall dispense with the services of an employee

who has been in his continuous employment for not less than three months, without giving such person at least one month’s notice in writing or wages in lieu of such notice.

The Inspector/Chief Inspector can be approached for violation of rights. You may obtain the latest version from Dept. of labor website of your state or buy from market.

IESO Act, Model Standing Orders, SE Act may be available at the Dept. of Labor website of the state or the latest version can be bought from the market

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 or you may get some relief under SE Act/IESO Act/ID Act or you may have to agitate in civil court.

Let your lawyer draft and structure your representations to good offices of your appointing authority, MD, Company secretary…

If the good offices do not grant relief you can agitate in appropriate forum under expert advice of your lawyer.