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Shankar Iyer   28 January 2016

Holding of f&f

Dear Experts,

I was working with a reputed organization as Branch Manager which I had joined on November 2014 and I left the organization on December 2015. Some of the services included Foreign Exchange, Tours & Travels, Personal Loan, Gold Loan. After mutual agreement I also served 21 days of notice period and got my self relieved on 21/12/2015.

Now as per the Employee Settlement team my total F&F sums up to Rs.22,257 (which includes 21 days salary for the month of December 2015 & my 12 pending Leaves).

I got an acknowledgement from the Settlement team that I had to sign on the letter which stated my F&F Amount and had to scan the copy and send it to them for release of my F&F.

Now  when I followed up with them I was informed that my F&F has not got approval of my Regional head. On speaking with the RH, I came to know that my F&F is kept on hold because branch had many pending EMI against the personal loans which were disbursed during my tenure.

I have also been informed that there are high chances of them deducting some money from my F&F as part of adjustment to the existing pending EMI's.

All I would like to know is that can I take any legal step against them if some amount is deducted from my F&F as there is no clause in my Appointment Letter & Offer letter which states that I am liable for any pending EMI's which we have been issued to customers. Also all my paper work regarding all the disbursed loans are perfect with no deviations as all paper works are monthly audited by internal and external auditors.

Kindly advise me as what can be done from my end ???

Awaiting to hear something from your end.



Learning

 7 Replies

Kumar Doab (FIN)     28 January 2016

Has anyone stated in on record ( in writing/audio/visual etc)  that EMI of loan disbursed to customers of your employer shall be deducted from your FnF settlement?

 

Shankar Iyer   28 January 2016

Dear Sir,

The email is circulated between the Current Branch Manager, Regional Head and the HR- F&F Settlement team.

As the F&F team asked the Branch Manager & Regional Head for their final comments, the current Branch Manager has now written stating that "since there are 5 to 6 critical EMI cases, he has requested our Regional Head to place my F&F on hold" on which my Regional Head has forwarded the mail to our Zonal Head asking for his advise.

Till this date there was noting given in writing as when I got my F&F request it was only after handing over of my work to the new Branch Manager where all the remarks were "OK" with no special comments.

Kumar Doab (FIN)     28 January 2016

You have posted that:

---"The email is circulated between the Current Branch Manager, Regional Head and the HR- F&F Settlement team.

As the F&F team asked the Branch Manager & Regional Head for their final comments..............., "

Has the email of F&F team or any said manager been marked to you by CC/BCC or forwarded to you?

 

---"when I got my F&F request it was only after handing over of my work to the new Branch Manager where all the remarks were "OK" with no special comments.'

 

The BM replcaing you have confirmed for handover of charge. OK might stand for it.Of course you can interpret it for no pendency.

Is it stated in any of the handover of the document that NO EMi is pending?

 

In any case the borrower is liable to pay and not the employee.

 

Do not remain entangled with Line Managers and HR and attach the OK report to good offices of appointing authority,MD,Chairman and demand to supply the acknowledgment of notice/resignation and acceptance, correct FnF sheet showing computation of earned wages/bonus/leave encashment/incentives /remibursments etc,payment of FnF payouts,Form16 as per correct FnF statement,service certificate,relieving letter etc.........................within say next 7 days and add that you have been clamoring to get these and highlight your achievements,rewards,NO SCN/complaince issues etc.

 

If good offices also do not provide relief approach an able counsel specialzing in labor-service matters.

 

Shankar Iyer   01 February 2016

Dear Experts,

I have just got a reply from the Regional head stating that "Dear Shankar, you can very well understand the reason for holding the F&F Settlement as the reason has been given by the current Branch Head. Clear those issues and the BH will update the same."

So he is now basically telling me to help the branch to clear the pending EMI and is stating only then they will settle my F&F.

Kindly advise what reply should I give because no where in the appointment letter, and the hand over reports it is mentioned that I am liable to pay for any pending dues.

The company never gave me the resignation acceptance letter which practially is to be given as Acceptance from HR dept once the reporting manager clears and accepts the resignation.

They are practically asking me to help the branch when I have already quit the company 1 month back. Waiting for your advise before drafting my email.

 

Kumar Doab (FIN)     01 February 2016

You have to draft your communications/reply etc on your own or let your able counsel draft and structure it for you.

You have not left by abrupt termination and tendered the mutually agreed upon 21 days notice period, and you served the notice period.

During the 21 days notice period it was responsibility of Employer or employer thru its personnel in  HR/legal/accounts/reporting hierrachy to prepare and arrange for handover/clearances/NOC-NDC/exit formalities/FnF statement and settlement  etc.................

 

The employee does not pay for borrowing by customers of establishment/employer.

 

You have laready been issued FnF statement and it does not show any payables by you towards EMI of customers/borrowers and apparently it has been accepted by you.

The said email stating that ..............................."you can very well understand the reason for holding the F&F Settlement as the reason has been given by the current Branch Head.".......................does not indeed state the reason for holding the FnF statement.

 

The person that has sent this email has intentionaly not written the reason as it is no reason for holding the FNF settlement.......................................then why should you write and admit that you know, the unwritten reason.

 

YOu need to apply your skills of reasoning,persuasion,persistence,negotiations etc or entrust the matter to your able counsel.

 

YOu have the option of escalating the matter to good offices as already pointed out.

 

 

 

 

 

 

Shankar Iyer   01 February 2016

thanks a lot for your reply. I will accordingly communicate the same to them.

Kumar Doab (FIN)     01 February 2016

Don't remain entangled with Line Managers/HE etc.

Demand from good offices to supply acknowledgment of notice and resignation both and acceptance,service certificate,relieving letter (with good comments and avoid without and adverse comments),Correct FnF statement showing earned wages/leave encashment/bonus/reimbursments/incentives etc, Form16 as per corect FnF statement, salary slips of all months,PF a/c slips of each year,NOC/NDC etc.......................

 

If you are unable to handle on your own, entrust to your able counsel.

 

 


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