Civil Procedure Code (CPC)

Last employer lending deaf ears to my full and final


Hi,

I had joined Ceasefire Industries Ltd in August 2014, as assistance branch manager. I was given to take care of the Gurgaon location. Not even a week later, I was asked to handle Gurgaon and Rajasthan, but without any increment. Post few months, they asked me to handle Faridabad too, other than, when the manager of Noida went absconding, I was asked to take care of the Noida clients as well. All this but no increment in the salary. Not only this, I had to continuously travel and they called it a service devision, but had made it completely sales oriented. There were few sales done from gurgaon location before my joining, however the payment for these sales from the client's end was pending. The company started holding my salary against the non payment for these sales, which I was not even a part of. They had a performance linked reimbursement, which was purely task oriented reimbursement as per their contract. However, they used to hold and deduct it against the leaves I took, though I used to complete all my tasks.

As per their terms and conditions, an employee was to be confirmed after completion of 6 months, I was there for 9 months, they did not confirm me. Post the confirmation, employees used to get mobile connection for professional callings and approved leaves, they never did that and never reverted to my mails regarding the same. We were forced to use our mobile's internet data to work on laptops when the internet connection in office stopped, and this was a regular thing.

All these things led to my dissatisfaction and I resigned in April 2015. Since then, i have been foloowing up with them for my full and final and they never used to reply. Earlier once, the HR replied that I will get it in February 2016, now when I started sending them reminder mails, they replied that as per the clause 6 of my agreement, if i leave the organisation before 12 months, I am liable for a recovery of certain amount that the company will collect from me, and they have asked me to pay them an amount of over 30000.

When keeping aside all the terms and conditions of the agreement letter, they harassed me mentally while I was working with them, why will I continue for 12 months, when I got a decent and much better option now. They deducted 8000 from my salary in march 2015, without any justified reason, when I higlighted the same to the management, then after 10 days, they gave me another checque for that amount, however my incentive is still unpaid.

Kindly suggest, what should I do here.

 

Thanks. 

 

 
Reply   
 

Dear Sir, 

 

Your case gone thru as per your msg.

1/. The terms of employment to be read carefully before acceptance of the job.

2/. With regard to Service to Sales and customer is unpaid - it is part of job, successor duty 

to recover the outstanding all the possible ways by legal means, more over the job was during your service or not the question.

3/. With regard to notice period, if you already signed a Bond or notice preriod of 12 months, then it should be mutually agreed upon before resignation.  

4/ Did you consult your boss /reporting manager before you took decision took leave (bcoz, many times perception and facts always differ)

5/. For incentive, is purely manament discretion and company Policy also if it all mentioned in your terms appointmentment letter.  Many companies release incentive after receipt of outstanding.

Hope some of queries have answered to you.   

Thanks and all the best.

 
Reply   
 


FIN

The company can not hold/deduct salary of the employee for the non-payment of its bills by its clients.The decutions if any should be shown under proper head in salary slips.

The company can not hold payment of incentives if employee has fulfilled all conditions of incentive. LIke wages it is also fruit of labor and compnay can not breach its own policy/rules/clauses.

 

If the company has not spent anything on training that adds to your qualification or has not provided any extar ordinary benefit then service agreement clause/liquidated damages may not be valid and rather be void.

 

The leave can not be adjusted against task oriented reimbursment.

 

If you have spent on mobile internet for company's work and have valid proof claim the payment.

 

If you are unable to resolev in your favor on your own take help of an able counsel specializing in labor-service matters and show all employment related docs on record.

 
Reply   
 
FIN

The company can not hold/deduct salary of the employee for the non-payment of its bills by its clients.The decutions if any should be shown under proper head in salary slips.

The company can not hold payment of incentives if employee has fulfilled all conditions of incentive. LIke wages it is also fruit of labor and compnay can not breach its own policy/rules/clauses.

 

If the company has not spent anything on training that adds to your qualification or has not provided any extar ordinary benefit then service agreement clause/liquidated damages may not be valid and rather be void.

 

The leave can not be adjusted against task oriented reimbursment.

 

If you have spent on mobile internet for company's work and have valid proof claim the payment.

 

If you are unable to resolev in your favor on your own take help of an able counsel specializing in labor-service matters and show all employment related docs on record.

 
Reply   
 

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