keerthiga 11 July 2017

Non payment of full and final settlement

I am keerthiga R, I severed a Company named Tennex consulting Private Limited as Manager- Finance & Accounts from the period 10-02-2016 to 31-05-2017.

I served my notice period as 30 days. As per the term of appointment, the probation period is 6 months , where no notice shall required. Upon apponitment, My notice period as shall be 2 month from each other end and also mentioned there will be appreciation in salary from confirmation.

But the management has not issued the confirmation term as agreed, as the consequences of which, most of the employee has left the job. There by on 12th January 2016, they increased the notice pay to 3 months with any hike.

and Leave credit standing against my service is 33 days.

When i sent my relieving letter, the management has replied to stick to the term of appointment,

Now the dispute is that , as per term of appointment it is 2 month - for which i served one month and one leave credit shall be adjusted. But the managment is imphasing on the 3 month notice.?

What relief shall get now.

I done the all handovering properly.

Please guide on it.

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6 Replies

Siddharth Srivastava (Advocate) 11 July 2017

You serve the notice and if the same isd no complied then file recovery suit claiming your dues.

Kumar Doab (FIN) 11 July 2017

Did you accept the change in notice period?

Kumar Doab (FIN) 11 July 2017

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by

you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all

years, ESIC card,?

jyotirmaya behera (advocate) 11 July 2017

you have to explain in detail as per Mr.Kumar Doab.

Kumar Doab (FIN) 11 July 2017

Thanks for agreeing Mr. jyotirmaya behera.

Kumar Doab (FIN) 11 July 2017

The said notice period may not neccessarily be applicable in your case even if it is inserted in appointment letter or amended later by employer or attorney's of employer.