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Ankit Sharma (Executive)     09 July 2012

Full & final settlement without notice period

Hi,

 

I resigned from future group on 3 May 2012 without notice period. I was payroll employee of the company. I asked to HR Coordinator for the period of F&F settlement and he said your F&F request has been sent to comapny HO on 23rd May 2012 but till the date I haven`t receive any amount of F&F. I mailed to HR again and he replied a deduction for shrinkage in stock has been made in my F&F. Company penalized all team employees for the same including me while comapny didn`t have such kind of terms and conditions and I didn`t sign any paper stating such penalties.


Please tell me what is maximum period for F&F settlement and what will I do for this deduction in it.

 

 

Thanks

Ankit Sharma



Learning

 5 Replies

Kumar Doab (FIN)     09 July 2012

Employee can seek relief under Industrial Employment Standing Orders Act, SE act applicable to the state, Payment of Wages Act, ID act as per explanation of employee under these enactments or thru civil court.

Ideally speaking dues to the employee should be paid on last day in office or within 2 days. Majority of the companies cite internal policies of say 30 days, 45 days. You may refer to the standing orders of the company, employee rule book, HR policy handbook etc. All such policies should be kept within the reach and knowledge of the employee. Any policy which is not circulated and supplied can be questioned. If these policies are not available with you may demand these and also try and obtain from some colleague.

Instead of making verbal communications you may address written representation under acknowledgment to your HR contact and narrate all representations by phone ( mention phone numbers, date, time etc) and minutes of discussion, followed by escalation to good offices of your appointing authority, MD, Chairman, Company Secretary, with a copy to Head-HR and raise your queries.

As per notice period applicable to you notice pay can be adjusted in your FNF statement/settlement.

You may elaborate “shrinkage in stock”. Does it imply reduction in sales/market share/revenue etc or it pertains to some stock option extended to employee?

The policies, T&C, which are communicated to you and are not accepted by you do not form part of your contract hence it shall be difficult to apply these to you.

You may mention in gentle tone that the same is not applicable to you and company may supply you the grounds and evidence on the basis of which HR contact has stated on dated………that the same has been applied by company to you.

 

From your designation mentioned by you it is felt that you may be able to invoke the provisions of ID act. However you may let a competent and experienced service lawyer/Labor Consultant evaluate the merits.

V. VASUDEVAN (LEGAL COUNSEL)     09 July 2012

As per the Payment of Wages Act, the settlement of an employee on separation has to be settled on 2nd of the last working day. Regarding shrinkage deduction, it is illegal and unauthorised under the said Act which deals with the subject.

Vasudevan

Ahmed (Sr. Consultant)     10 July 2012

Dear Sir,


I had left my last organisation in the month of Jan 20th, 2012. I put a resignation letter on 10th Jan and in reply my last company has released me on 20th Jan, 2012 and I was told that my F&F will be done after 15th Feb 2012, Since then i had sent several reminders mail, calls etc and struggling for my F&F but I haven't receive my Full and final dues till now. Should I put a legal notice to my last employer.

It is an Pvt ltd firm. I do have my releaving letter and experience certificates provided by them.

Regards

Ahmad

Kumar Doab (FIN)     10 July 2012

@ Ahmed,

Relieving letter is issued post all settlements due at the end of employee, hence company has no dues from your end.However company has not paid dues at the end of company.

You may invoke the provisions of Industrial Employment Standing Orders Act, SE act applicable to the state, Payment of Wages Act, ID act as per explanation of employee under these enactments or thru civil court.

Yourlawyer may prefer to issue a legal notice.

Piyush (Marketing)     25 February 2013

Dear All,

I would like to Share my problem with you....

I was worked in one of MNc Pharma Company I was leave company without notice Approx one and half year back suddenly few day back I received one noticed from the company to clear Due FF of company, I have submitted all inventory to the company on time .

now my concern is they are charging me for TDS , Notice Period recovery.......

but before to this when I joined the company they ask me to join in the same day and at that time they are ready to buy out  my notice  which they refuse to pay me and now they are expact me to pay for the notice.....

now they are Haresh me to pay immediate other wise they will file legal suit and I am the sole responsible for the whole Lilablity.

 

Now please help me what to do?

 

Please guide me I am seeking your expert advise.

 

 


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