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Rahul   23 March 2018

Left company without full and final settlement

I got a job in insurance company and they made me sign a contract of 3 years without informing me. It was also my fault for signing the document without reading it. I left that company after 2-3 months without notice for better prospect. This was in 2012. Since then I have received letters from company to settle full and final payment. I had to pay 6000 rs to settle the claim. Last week I received a letter from the company saying I have to pay 31000 (6000+25000 legal charges) or they will start legal proceedings against me. Please advice what should be done in this matter.


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 5 Replies

Suri.Sravan Kumar (senior)     23 March 2018

you are bound by the contract. Negotiate with the Company for amicable settlement.

Rahul   23 March 2018

I have not received any previous communication from company as I had shifted to a new address. I am willing to make payment of 6000. Am I bound to pay for legal charges?

Rahul   23 March 2018

I have not received any previous communication from company as I had shifted to a new address. I am willing to make payment of 6000. Am I bound to pay for legal charges?

Kumar Doab (FIN)     23 March 2018

Did you acknowledge the dues in writing?

If NO; limitation may stare and mater may be hopelessly time bared..

Moreover Rs.6000/ is for which liability on your side?

Say; Notice pay!

Kumar Doab (FIN)     23 March 2018

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

What are these legal expenses?

Do you have copy of the said contract?

Have you approached in person a very able senior counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record…. and worth his/her salt………..and shown all docs ..

If yes, what is his/her considered opinion?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .


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