Full n final settlement

A smart employee shall not get instigated and shall act with balanced mind and adopt balanced approach.

Employee should always record such statements/situations (audio/visual). It helps and can be used at appropriate time in appropriate forum.

If you have on record the statement of the HR personnel you can turn the situation as tough for her.

You can approach the good offices by letter under acknowledgment to supply you the relieving letter and experience letters under their seal and signature by hand quoting HR personnel has commented that she shall declare the relieving letter and experience letters if any sent by the company as fake and quote bad reference check, or request them to authenticate the relieving letter and experience letters supplied to you or confirm that HR personnel shall be authorized to make false statement. This becomes record. If the good offices demand evidence send the recorded conversation/situation. Hr is a good office and there is no place for vindictive /zealous person.

Company shall have to supply you FNF statement and disburse the dues to you either on their own or by the effect of legal notice or by the order of appropriate forum in your case e.g. O/o Labor Commissioner/Wages Inspector, Civil court.

When new employer agrees to compensate for notice pay, employee should tender notice pay in FNF statement. Otherwise employee shall suffer dual TDS. If the employee does not submit notice pay employer shall deduct in FNF statement.

For FNF settlement/statement/payment submit a gentle representation to good offices of appointing authority, MD, Head-HR and demand payment by bank DD only, along with statement thru redg post only so as to reach in say next 7 days and mention that self addressed redg post cover ( as obtained from Post Office) is enclosed. Narrate all representations made so far by phone/email/ letters/in person along with phone number date of company employee.

I worked for Datamatics Global Services Ltd. In the month of May-2010 I went to USA on business trip and returned in the month of Aug-2010. I sent my resignation in the month of Oct-2010 via email to my management and HR. As per Datatmatics policy I was supposed to serve 3 months of notice period which was not possible for me so I discussed this with my management and HR. They were agreed to ignore this term and relive me on a good note since I worked there more than 5 years and I was one of the best performer there.

I was taken aback when Datamatics sent me full and final settlement of 250000 INR where they claimed entire USA trip cost from me as recoverable amount. Upon contacting to HR, they informed me this letter is from Head Office and they cannot intervene in this process. As per Head Office HR, I was under overseas bond which I broke but I never signed any bond or service agreement before going to USA neither I was informed by HR about such policy. From my side I checked policy-May-10 there was no service agreement clause etc was mentioned.

They refuse to give me experience letter, they adjusted my Gratuity in their full and final recoverable and over and above that they did not forward my PF Withdrawal form to regional PF office. I sent several emails to my regional and Head office HR on their bad practices but they always replied to me saying I have to first pay 2,50,000 INR and after that only they will forward my PF form to PF office and settle my gratuity.

I have all the evidence like email communication, company overseas policy etc but need help in getting PF and Gratuity amount from Datamatics. Please advise suitable course of action in this regard.

@ Pravin,

You may check the documents which you signed before you were authorised to be sent to business trip abroad and confirm if you signed on any clause ( on soft copy or hard copy) to compensate for business trip abroad.

From your post it appears tht company did not charge you for having caused any loss by short notice, and did not issue any memo/email/letter/show cause notice, therefore the recovery from Gratuity may be bad.

For PF it shall be better if you transfer as after 10 years you shall be eligible for pension and of you withdraw you shall loose on accrued pension component.

The employer has no right to withhold your PF. It is the duty of the employer under the Act & Scheme to help Employees' Provident Fund organization to settle the Provident Fund dues of his employees. He has to complete the prescribed application within 5 days of receipt [para72(5)] forms & hand over it to the member when he leaves the service. You may visit the PF office and fill up the withdrawal forms (19 and 10C), and enter fill establishment Code and your PF Account no. In your case just forward your claim form to the concerned RPFC with a letter stating employer has refused to sign the forms. Mark a copy to copy of the letter may be marked to Central Provident Fund Commissioner requesting him to issue instructions to the concerned to process the forms without any interruption, and then the PF officials will send their PF Enforcement Officers to such establishment and then they takes some penalty and sign from your employer and then you will get settled your PF claim. PF will be remitted straight away in your account. You may obtain signature& seal of Astt.Commissioner of Labour or Govt Labour Officer or Gazetted officer (in place of employer, signature of gazetted officer is required in case of a closed establishment) ,Manager of a bank, Member of the Central Board of Trustees./ committee/ Regional Committee (Employees’ Provident Fund Organization), Magistrate/ Post/ Sub Post Master/ President of Village Panchayat/ Notary Public. and submit the same to RPFC, with a letter as mentioned above.

@ Pravin,

It shall be appropriate to visit a competent and experienced service lawyer at your location with all records and give inputs in person.Your lawyer may choose to issue a legal notice, and approach O/o Labor Commissioner, Civil court, depending upon your profile.

7. Forfeiture of gratuity,-

      (2) The gratuity payable to an employee shall be wholly forfeited-

(a)     If the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part, or

If the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.[Section 4(6)].

The controlling authority may be DLC in your case.

The HO HR has transferred the burden of proving your innocence and litigation on you.Company shall have to bring the records to the o/o Controlling Authority.

Thank You Mr. Kumar...I really appreciate your detailed response.

In fact, after seeign your response I got some confidance and I contacted my ex company [Datamatics] VP-HR. Though he didn't give proper answer and completely shy away from the situation. However, he told me today he cannot help me in this regard as the matter is Mumbai HO due to compliance issue. In my discussion I told him that I would take legal action against Datamatics for holding my Gratuity and Experience letter but he was not bother with this at all.

I really want to take legal action against that company since I strongly believe that I haven't break any compliances. Could you advise me how much leagal expese I need to carry on an aproximate like Lawer fee etc. I really want to set an example for all employers who tries to exploit employees and can I also seek compensation from them for the harrasmnet that they are taking me through? Please advise.

@Kumar

In addition to my above note; I possess all the evidances require like my resignation letter, Overseas Deputation Policy, My email communication with Management and HR regional and Head Office.

@ Pravin

You have posted:

-"how much leagal expese I need to carry on an aproximate like Lawer fee etc."

No. This you have to settle with your lawyer. You may contact an experienced and competent service lawyer at your location. Your near and dear ones can guide you to the competent lawyer. If you wish to contact LCI lawyer you may click at “Related Labor & Service Law Lawyers" mentioned on the bottom of this web page.

-"I contacted my ex company [Datamatics] VP-HR." "I would take legal action against Datamatics for holding my Gratuity and Experience letter but he was not bother with this at all."

Employee should record such situations (audio/visual), pushing and dumping the employee in crowded courts than resolving the matter with the good offices of the employer. VP-HR is a senior and good office of the company. HO-HR is another good office.

-"I possess all the evidences require like my resignation letter, Overseas Deputation Policy, My email communication with Management and HR regional and Head Office." Let your lawyer examine all the record and inputs given by you and then you may look into the merits and decide upon the appropriate remedy/forum which may be O/o Controlling authority for gratuity, O/o labor commissioner, civil court etc.

You may also seek the counsel of elders in the family, competent and experienced well wishers.

Prepare a list of all phone calls (with bills) emails letters etc and demand expenses incurred by you on these and include cyber café, internet, parking traveling charges etc.

Remain amiable.

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