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Employee_J (Not employed)     08 December 2015

Full and final settlement causing problem in next employment

Hi,

It has been 4 months (July end) that i am relieved from my X employer.

I resigned in June first week. Full and final settlement is not done due to following reasons.

1) I was absent after April so i am being asked to return salaries of April and May. I did not receive June month salary as I resigned in first week.

My last assignmnet was in S. korea 12X7 work. It was on a ship where it was 28 days on and off. So i was spending that 1 month after i returned in April. Meanwhile S.Korea project went on hold and i was told to visit USA for another project for which i was interviewed by USA client. For that i went office for couple days. I left rented house for S. Korea project which lasted for around 1 year and 2 months. So i had to return home town. My company is in Mumbai. USA project also got cancelled due to some reason. I did not want to travel further so i resigned from home. which got accepted and i went office to return laptop and all belongings. I got relieved smoothly without any grievance. 

But after 3 months when i inquired about full and final settlement i was shocked. They asked me to return salaries. I am to receive medical insurance claim worth 200$, 250$ for my last trip, All holidays which i never took and other benefits.

I am not receiving experience letter which is why my next employment is in dark. They have got me signed on a paper while relieving that i will not join any client company for 2 years. I am turned down due to this once. Further i have filed for PR for Canada which asks for experience letter. 

Is there any legal way i can fight this one off?



Learning

 6 Replies

Adv. Yogen Kakade (+ 91 9225510883)     08 December 2015

Hi,

Generally every company doesn't allow their employees to work with their clients company for couple of years.. thats they mention such things in the documents you sign.

You certainly have an option to go to the labour court.. but before that send the company a legal notice through a lawyer for the settlement and experience letter.. that will save your money and time if the company takes cognizance of your notice and fulfill your demands to avoid further complications.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in 

 

1 Like

Kumar Doab (FIN)     08 December 2015

You have posted that you were employed with company based in Mumbai,India.

 

Therefore you may seek recourse as per Indian laws applicable establishment/employer/employee.

Indian Courts of Law have consistently been declining to enforce NOn-Compete Clauses/agreements. In yur case it was placed before you to be signed at the time of exit.

So as per your post you have signed under duress.

As per your post the due benefits applicable e.g. leave encashment, medical arembursment etc are to be paid to you and company is liable to pay you salary for the period you are not seconded to anyone.

 

You may show all dcos on record to an able counsel specializing in labor law-service matters and give inputs to understand merits and remedies.

Thereafter you may submit your contentions to good offices of appointing authority,MD,Chairman etc. If good offices also do not provide relief you can try by involving employee's/trade unions and labor officials.

If nothing works you can approach court of law.

Service Certificate has to be issued to all employees.

 

 

 

 

 

1 Like

Employee_J (Not employed)     08 December 2015

Thanks for the replies.

I can follow up with a notice by a lawyer. My concern is what will happen after that. There is no written conditions regarding S.Korea project that I will get 28 days off. I want to be clear if i am going to be challenged on this issue how deep i will have to go for. Will that affect my future endeavor and visa application?

There are some points i am ready too fight with.

1) I refused to go on site 2 years ago due to health problem which i e-mailed them with my reports and doctor certificate but i was told i can get good medical facilities in USA. And i was forced to go. I have that copy of e-mail.

2) I have recorded calls regarding my request of Final settlement. I have been told they will see what can be done but then no responses.

3) I had claimed medical claim i received in S. Korea when i was on duty. I have not received that. I followed up for that for months but after resignation they stopped entertaining me.

4) I have not received salary of June and July till my relieving. Note that i was absent in this period.

Kumar Doab (FIN)     13 December 2015

Your able counsel specializing in labor law-service matters after examining whatever you have on written record and your inputs can help you to understand merits and remedies.

akshay   14 December 2015

I was employed with an IT company as executive administrator (Receptionist) and resigned on 06/11/2014. I served the notice period of 1 month and completed all the formalities of the company. I asked for my full and final settlement amount which is due on company but after 1 month of delay they are harassing me saying that I joined another competitor company and they wont pay me my full and final settlement amount.
Please advice me, am I covered under the definition of "Workmen" of Sec2 of Industrial Dispute Act, 1947 or not. My monthly salary was Rs. 26,500/-

Kumar Doab (FIN)     14 December 2015

@ Akshay,

 

It is felt that you have posted query earlier also.

Salary or designation alone does not decide the working person shall be covered as 'Workman' or 'Employee' or not.

 

The indian courts of law have consistently been declining to enforce Non Compete Clauses/agreements.

Saying/talking/telling etc are all verbal mode of communications and are difficult to prove.

Therefore build irrefutable evidence (audio/visual/witnessed/minuted).

 

Your able counsel specializing in labor law-service matters after examining whatever you have on written record and your inputs can help you to understand merits and remedies and forums where you can agitate.

 


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