LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pranav   24 November 2016

Notice period and settlement issue

An experience with Spandana Sphoorty Financial Limited
I am pretty confused, need your advise on this.

Few Facts:
1) Joined organization in May-15, CTC- 4LPA, cash in hand pay - 32383
2) Company offered me offer letter twice: first with 30 days notice period, second with 60 days notice period.
3) In May-16, company announced new salary structure under which fixed income will be 25000 pm + performance incentive. So, my cash in hand became 24646 from June onwards.
4) Resigned on 9-aug-16, served 32 days notice period till 9th Sep because I was absent for 2 days during notice period as my leave was not approved despite of having leave balance.
And I was serving 30 days notice period instead of 60 days because the agreement was breached.
5) I was entitled for August & September salary (32383+9715) + Pending travel reimbursements of 3 months(6500) + hold shifting charge amounting (4000 approx) + balance salary as per actual agreement where company agreed to pay 4LPA (8000 approx) + Leave encashment (5000 approx)
So, I was entitled for Rs. 65000 final settlement.

Now:
1) I received final settlement amount of Rs. 8871.
2) As per statement: My salary was calculated @25000 pm. 
3) My 30 days notice pay was deducted 
4) As per FnF statement: 6 days leaves was deducted. As per HR I took 6 days leave during notice period combining 4 holidays and 2 leaves(which is actually 2 Absents) becomes 6 leaves.
4) And HR says my reimbursements cannot be approved by payroll department

Kindly go through the mentioned facts. And advise what should have been my actual notice period and what amount I am entitled to receive ?



Learning

 15 Replies

adv.bharat @ PUNE (Lawyer)     24 November 2016

Please state this fact to your HR and try to covince them.


(Guest)

Sir,

You should first send them a legal notice demanding your dues and then if they dont agree file a recovery suit. Meanwhile try to find a new job and move on. Let your counsel handle this matter. Your employment contract would be the key in this matter.

Regards,
Rit Arora
Advocate
New Delhi
7838737001

Kumar Doab (FIN)     24 November 2016

What was issued to you; offer letter or appointment letter?

Did you accept revision in notice period and salary, in writing?

What is your designation and nature of duties?

You are in which state?

 

 

RAJENDRA   24 November 2016

HI

Last company worked Chettinad Cement as a Dy Marketing Manager.Joined on Sept 2012.On April 2016 superiors forcebly asked to give resignation.I thought if i continue then they may harrash me so i resigned on 27/4/2016 by putting notice period for 1 month i.e by 26/05/2016.

Now my april and may 2016 salaries gone in F&F with T.A.Bill,Car Bill,Leave Encashment,LTA.All put together tentative figure is Rs.2 Lakh.I also received salary slip of april 2016 and may 2016 by automation generation but not credited in my account.

Further I communicated frequently by mail to my superiors and HR Superiors.Initially nobody responded but now my immidiate superiors are giving some reasons without any evidences and proof to withheld my settlement.like get balance confirmation from dealers,collect payment from dealers etc.when all this responsibilities lies with individual district incharge and not with Manager.

For kind information whenever we book order of any dealers,the same should be approved by superiors by seeing his pending dues etc No single employee can held responsible for sale and dues.When company can give credit to my superiors and to my subordinates and promote them then they should also equally responsible for dues also.

Meanwhile I applied for my PF withdrawl and I also received my full PF amount.Now we know that to get our PF, Employer should sign and forward.It means my company is accepting that i have left company.So I received my PF.Then why they are not settling my F&F ???

Now I have following questions

1-When I received my PF then can my company withheld my settlement ?

2-Neither I received releaving letter nor termination letter however in both cases should i eligible to get my settlement amount or not,especially when i already recd my PF amount.

3- If i want to file legal case then what is the procedure ?Can u suggest any name nearby Gulbarga to  whome i can meet to file legal case ?

4-Presently i am jobless and my present age is 53 yrs so if i want to claim settlement with interest and mental harrasshment for the amount till my retirement age ie for next 5 yrs salary since presently i am jobless.Can I ??

 

Kumar Doab (FIN)     24 November 2016

@ Rajendra,

PF; The funds are not in control of employer and are with EPFO. If employer declines to attest PFwithdrawl forms it can be termed ofence.PF can  not be attached.

So employer has wisely attested your PF withdrwal forms.

Salary: Employee can lodge complaint the moment employer has delayed payment of earned wages even by a day. Salary has to be paid on dues date and FnD on LWD or say within next 3days or max. by usual pay day.

 

Outstandings: The company has billed to its customers/dealers and not employee.NO need to narrate any thing else.

 

If the salary slips have been issued it implies salary has been processed. 

Do you have copy of notice of resignation and acknowledgment and acceptance?

Did you ask to supply acknowledgment and acceptance of notice of resignation, final resignation, Correct FNF statement, FnF dues,PF a/c slips of each year,Form16 as per Correct FNF statement, NOC/NDC, acknowledgment of handover of charges/assets, service certificate,relieving letter etc ?

  

 

 

1 Like

RAJENDRA   26 November 2016

First of all,Let me thank for effective and valuable reply.Now reply to querries 1-Since I resigned by mail and my immediate reporting authority had forwarded my resignation with his recommondation to sanction and releave me.He sent to his immediate reporting authority,however after that now my my immediate reporting authority is also showing hypocracy,may be as per the advise of his boss. 2-I have the copy of mail which my immediate boss had forwarded to his boss and to HR where he recommonded for my releave. 3-I sent resignation on 27/4/2016 stating that my notice period will be from 27/4/2016 to 26/5/2016 and I also received salary slips for April 2016 and May 2016 both.But management had not credited my april 2016 and May 2016 salary amount to my account yet.They have both in F&F including my TA Bills for April 2016 ,Leave Encashment,Car Bill and LTA. 4-I have all Form 16 copies with me of 2012-13,2013-14,2014-15 and also salary slips of April 2016 and May 2016 which is not credited in my account yet,I have also mail copy which my boss had sent to his boss with cc to HR with his recommondation.I also have with me NOC copywhich I sent with my signature. 5- What I don't have are acceptance of notice of resignation,FNF Statement,PF a/c slip.Even they have not acknowledged assets which I have already handed over.They haven't issued service certificate and releaving letter. Why I mentioned about receipt of my PF amount because employee can withdraw PF only if he left the compnay. -So when I received my PF can we not take into consideration that by forwarding my PF by company to PF office,that company has also accepted that this employee has left company.Can't we tnot ake into granted that company is accepting that employee has left company so they have forwarded my PF.Now how can they withheld settlement of an employee for whome they have already accepted that employee has left and forwarding for PF but not settling final settlement by narrating issues of Dealers outstanding which was billed in dealer's name. -How can I lodge complaint initially for my delay in salary of april 2016 and may 2016 for which i have already received salary slips. -How can I make use of the documents which I have like the recommondation mail copy of my boss,all form 16 copies,mail copy of my resignation and my further correspondense mail copies to my boss and HR. Even I am thinking to send last mail to top management that since company is not settled my small settlement amount by narrating silly issues so now I will drag them by claiming huge amount on mental harrassment,so that they may get scared and will immly may settle my small amount i.e 2 months salary,Leave encashment,LTA,TA Bills and Car Bill.I have copies of salary slips,TA Bills copy sent to them and Car Bill copy also. It will be really wonderful if you can advice me how to use all this, as an effective WEAPON against company to get settle my issue.Thanking You all.

Kumar Doab (FIN)     26 November 2016

The documents that you have metnioned may suffice admision of having relieved the employee and admission of unpaid dues.

This is debt on employer.

 

You may approach your own very able counsel specializing in labor/service matters and proceed under expert advise of your own counsel to appropiate forum as per your designation and nature of duties............................e.g;

 

Higher Officials of Dept. of Labor,

O/o Labor Commissioner

Inspector appointed under Payment of Wages Act

Civil Courts

Winding Up petition

Complaint u/s406,420 etc etc 

 

 

 

 

 

 

 

 

RAJENDRA   26 November 2016

Thanks a Lot and really Appreciates reply.

Kumar Doab (FIN)     26 November 2016

You are welcome.

Kumar Doab (FIN)     29 November 2016

Labor/Service matters is altogether different field of law and there are few counsels at each location that specialize in it. There are counsels known for their unshakable stand for the interest of their clients and integrity and secrecy and confidentiality. At your location  you can find counsels par excellence.  

 

Kumar Doab (FIN)     29 November 2016

If you want to search in LCI databank search at: 

 

https://www.lawyersclubindia.com/lawyers_search/ 

 

You can visit yourself Labor Court/CGIT,HC, court complex and inquire, and your near and dear ones, family counsel can also guide you. 

 

Kumar Doab (FIN)     29 November 2016

Avoid falling into trap of many unscrupulous elements loitering at many online portals to fleece the querists........................ and abuse them.

Visit the profile of person feigning as so called 'Experts' and read about him/her, before you engage anyone.

 

You may also go thru an interesting post at: https://www.lawyersclubindia.com/forum/Basic-legal-concepts-of-fraud-71001.asp    

 

There are many threads at LCI also of Abuse,loot etc etc by impersonating as experts.  
 

RAJENDRA   26 April 2017

HI

Myself Rajendra Gawali.My doubt is after resignation,if F&F is pending for more than one year and now if i want to send legal notice to Employer,can i do or not ?Is there any time bond that after submitting resignation,for my F&F i should correspond with management before six months of my resignation date.For example if I resign thro mail on 27/4/2016 and i made correspondense or sent mail in May 2016 and July 2016 but i got no satisfying answer and now in April 2017 i want to send legal notice thro Lawyer.Will it be OK ???

Ritesh Maity (Labour Law Advocate)     27 April 2017

Yes you can send a legal notice even after 1 year. 

For further clarification please mention the components of your full and final settlement.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query