Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rajesh   03 August 2015

Nonpayment of dues by company

I have resigned from an Indian company within few months of joining the same due to various unethical practices happening in HR. When I discussed with them on my pending dues like LTA and EXGRATIA(which is deducted  every month) , I was told that since you resigned within one year, you are not entitled as per company policy, whereas no such policywas ever discussed or informed to me. Meanwhile, they provided relieving letter without giving any pending dues. They also have background of not releasing pending dues to exemployees. There have been more than 500 cases in last ten years whose dues are still held by company. There are more than dozen litigations from exemployees in labour courts for same.  

MY QUESTION IS- CAN ANY EMPLOYER HOLD EMPLOYEE LTA and EXGRATIA DUES ON PRETEXT OF COMPANY POLICY, SPECIALLY IN LIGHT OF AN EX EMPLOYEE WHO IS NO MORE PART OF COMPANY?



Learning

 3 Replies

kameswarao S (Head HR)     04 August 2015

The employer need to clear the agreed amounts to the left employees on par with the employees on the roles.  Unable to understand how they are managing for last 10 years and avoiding any actions from the Statutory authorities.

Rajesh   07 August 2015

Thankyou for your reply Mr Kameswarao. Please let me know if LTA or ex gratia can be held back by them on the pretext that I have not completed one year with them. They claim that they do not pay LTA to any serving employee who has not completed one year.

Kumar Doab (FIN)     07 August 2015

You have posted that:

 

"When I discussed with them on my pending dues like LTA and EXGRATIA(which is deducted  every month) , I was told that since you resigned within one year, you are not entitled as per company policy, whereas no such policywas ever discussed or informed to me. Meanwhile, they provided relieving letter without giving any pending dues. "

 

Saying,telling,asking etc are all verbal mode of communications and are not on record.

HR personnel is just another employee in the company, like you have been.

If you are not getting any releif from HR don't remain entangled with HR and escalate to good offices of appointing authority,MD etc, narrating all previous representations and raise your demands and demand written reply by Redg. Post only.

 

Based on the reply or no reply you can proceed further.

 


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