Arbind Kumar (Job) 07 June 2012

Need urgent suggestions for company decisions

Dear experts,

I have done MBA from School of Petroleum Management, PDPU in 2009. Also I'm a law graduate. I got mail from CEO cum MD for a meeting regarding my job. I mate him and an interview was taken by Executive Director and CEO cum MD. Few days back I received offer letter by e-mail from present company to join as an Intern for duration of three months with a fixed stipend. The date of joining was 01/10/2012. I had discussed with them for chances to be permanent, and then they replied that it will depend upon my performance. Also they promised that very soon they will recruit a petroleum vertical head who will guide you.

In that time I was working in another company for a project and after finished that project I had join present company on 06/11/2009. Also I had informed to present company that I can join on 06/11/2009.

I got confirmation and now I became a permanent employee of present company with effect from 01/01/2010 (Within 2 months from joining) with CTC increment of Rs. 75000. Here in new offer letter mentioned that I will get 20% of CTC in the month of April and October. That time I had discussed with CEO cum MD for underpaid/very less CTC then he replied verbally that very soon your salary will be revised and increase. I received 20% CTC of the month’s jan-10 to Mar-10 on June 2010.

I 'm working here with full dedication continuously and whatever they assigned project I finished timely and efficiently. I received appreciation from my boss many times.

During last 2 years my boss has been changed so many times: 1. Executive Director, 2. CEO cum MD, 3.Chief Operating Officer, 4. Delivery head, 5. Business Head-Engineering services and presently 6. CEO cum MD. Many a times they told that very soon formal boss will be recruited and I worked different projects during this time.

I asked to CEO-MD for 20% of CTC for timely payment but only I received replied from him that very soon they will release 20% of CTC.

In the month of Feb and March salary payment they have deducted TDS for unpaid 20% of CTC with promised that they will release Rs 75000 in this financial year.

First time, appraisal form was filled in the month of April 2012. And I got e-mail from HR head that my CTC has been increased by Rs 25000 yearly. I asked about insufficient Increment to HR-head also this mail fwd. to my boss cum CEO-MD. Boss replied that he understand but chat with HR-head first. I talked to him, and after few days he said no there won’t be any further raise. Then I informed it to my boss by email.

After three days HR-head called me and said management has no time and work for you. So you can search for another job. Also I discussed about my present running work then he told that no one interested on that although this project is more revenue generating but due time constraint it not to be possible to continue. And send one line e-mail that as discussed your last day of working with XYZ will be 30^th June 2012 on 21st may 2012.

I am feeling very bad and unhappy by their behaviour. Due to it my family life is being very tense and affected. Total employees are here 83. Only 5 employees are older (joining before me) than me here. One thing that in present company notice period is one month for both side. Seeking you help on this matter. Kindly suggest as following points.

1. Should I request for continuous the job with same salary?

2. Is company has right to discrimination for salary increment among employees as many got salary increment by Rs 350000 for same work?

3. Company have to pay in term of 20% of CTC is total Rs. 170000. (FY 2010-2011 =Rs. 75000, FY-2011-2012 =Rs 75000 and FY-2012-2013 =Rs 20000).

4. Already they have deducted TDS of Rs. 75000 which they have not paid me only they promised that they will pay on month Mar… April .. May.. June 2012 blab-blab…

5. How will get all the dues from company before 30^th June 2012?

6. Can I claim my salary of 20% of CTC with interest as they don’t paid since October 2010?

7. When will I get full and final settlement?

8. Any other

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4 Replies

Kumar Doab (FIN) 07 June 2012

You have posted that 'And send one line e-mail that as discussed your last day of working with XYZ will be 30^th June 2012 on 21st may 2012.'"

It is not clear what is updated in your personnel file by the company.

With reference to your point number 1, if you are sure to resolve the matter with in the company you may attempt and obtain another email stating the notice of termination issued vide email dt.21 may is withdrawn. You must attempt to protect your employment. You may try and find suitable opportunity with another company with good HR practices which shall offer you a meaningful position.

Company might have issued this email to enable you to make up your mind and resign. You can decide. However you should negotiate so that this email and no adverse comment are noted in your personnel file and you are relieved with positive comments.

Companies do co –operate and even issue communications that employee may not attend office during notice period enabling to hunt for job.

You may submit a statement of payables by you to company (company property, imprested cash, advance, loan, notice pay etc) and payables by company to you and ask the HR personnel to supply you a checked and verified copy. You may mention that the payment of dues and documents be supplied to you within your last day in office.

You should get the payment of increment on which company has deducted TDS.

If you feel that company shall not withdraw the termination and you want to contest it you may approach a competent and experienced service lawyer and submit structured representations to build favorable record in your favor and suit you in the long run. You may request the good offices of your company to allow you to examine your personnel file. It is felt that you shall have to approach civil court and process may be lengthy.

Company should pay you the dues in FNF settlement. Ideally company should pay the dues and supply all docs e.g. work experience/service certificate, relieving order, FNF statement, form 16, attested copies of PF withdrawal/transfer forms ( as per your choice), NOC/NDC etc by last day in office or within 2 days. Company may cite its internal policy and may mention that FNF settlement shall happen within 15-30 days.

In the mean time you may obtain the copy of certified standing orders of the company and rule book applicable to you/your position. These may be displayed at entrance, loaded at HR page on employee portal, or with concerned HR personnel. The Union office (if any) of your company may be in a position to provide these. You may evaluate all options and proceed as deemed fit.

Arbind Kumar (Job) 07 June 2012

Dear Mr. Kumar Sir,

Thanks for your reply and positive suggestion. First I would like to make clear that I don’t wish to make any legal hurdle as it takes a long time. Also I would like maintain a good and healthy relationship with present company but not on the cost of dignity. I keep in mind about no adverse comments to be noted on my personnel file and they relieve me with positive comments. Same as suggested by you.

TDS was deducted this year on the amount to be paid on FY 2010-2011 in the month of Oct. 10 and April 11. I.e. on that amount which was to be paid before 1-1.5 years back.

So Total 20% of CTC amount is equivalent to 75K (FY10-11) +75K (FY11-12) +20K (FY12-13) = Rs. 170000

No EPF deduction in this company.

I don’t know what company will do but as per company records they have done very bad with employee who left the company nothing they have paid remaining amount. That why I afraid in same case as happened with previous employees.

If company will not pay all dues with FNF settlement before 30^th June 2012, then what will I do?

Also please suggest that should I claim all amounts with interest this time?

Anticipating your for kind suggestions.

Thanks.

With best regards

Arbind Kumar

Kumar Doab (FIN) 07 June 2012

If the employer does not pay on its own and despite your best efforts, you may have to approach court of law.

You can claim that the meeting referred in email dated 21st May was regarding resignation submitted by hand by you. You may tender another copy of resignation and get acceptance. You may mention that one copy has already been submitted (before dated 21st May).After you have been relieved on a positive note (in writing on record), you may decline to accept the FNF statement and mention that it is erratic.

You can approach a competent and experienced service lawyer and show all records and give inputs in person, and your lawyer may advice to approach o/o Labor Commissioner if you are a workman, or a civil court.