Salary and full & final settlement


Hello sir

My Name is Biju Nair and we have harassed to put our papper. My last working day with my company was 9th Januay 2013 with notice period. They have give me employment certificate and releiving letter.

They have not paid my december month salary and full and final settlement.

We have (me and my 2 other accounts executive) harassed to put our papper. Our company is German MNC. The  CEO created false billing everymonth which accumulated of 6500000/- (sixty five lacs). he has reversed it in december and told in Germany we have created false bill and hence fired.

Their normal practice is to delay the Full and Final Settlement and last salary.  Can i go legal against them.

My takhome was 34000/-

Biju Nair

 

 

 
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Bayer? Anyway if an Foreign Exchange violation has occured it attracts provisions of the FERA (Foreign Exchange Regulation Act) in addition to it if you have any notion of Economic Offences being routinely committed, get in touch with the EOW (Economic Offences Wing ) - a Branch of Finance Ministry with WRITTEN complaints detailing the extent of the loot. For your case to be made, you are advised to send it via Speed Post A/D so as to prevent "lost mail" syndrome  or vested interests tking the upper hand.

 
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Also if you were forced to resign under duress with the promise of clearing your dues and "full and final setlement". If that has not been honoured - it is tantamount ot cheating and harassment. A VERY FIT case for litigation. The Labour Court in case your position is NOT requiring independent decision making in terms of policy or finances (even if you are deemed "Manager" or any such).


  It will need to be filed in the Industrial Court if you are indeed FUNCTIONING in the Managerial Position with policy making an/or monetary  decisions - like granting leave of subordinates, owing a company car and perks such  as personal cabin etc.

 
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Thank you for quick response. there is no foreign transaction violation since our salary is paid from India only.

 
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I have few question about full and final settlement and labour law

1. what is activity completed during Notice Period?

2.Is there any law for time specified to get full and final settlement?

3. In my case if i will go for litigation what all are possible legal decision?

 

Regarding the legal court decesion i happend to read in some article, there could be a fine of 8 times outstanding

with 2.5% interest. is this true in my case?

 
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HR assistant

Mr Biju Nair

Dont jump into the sea if you do no know the swimmimg though it may be dead sea. First try to know whether you being the Manager would be governed under the labor laws prevailing at India or some other law applicable to supervisor or the managerial cadre. Grab this information through net or your friends and dont just go for the articles which you have mentioned in a very shabby English. Read carefully your appointment order or the contract letter which you have signed with your employers but do it fast. Why you should wait for others to do it for you?

Regards

 
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FIN

You have posted that:

--“ My last working day with my company was 9th Januay 2013 with notice period.”

You are entitled to get payment of your wages up to this date in addition to salary for Dec.

--“ They have give me employment certificate and releiving letter.”

Reliving letter is issued post all settlements by employee and confirms that nothing is due at the end of employee.

Hence FNF statement should be issued and FNF dues should be paid.

--“ he has reversed it in december and told in Germany we have created false bill and hence fired.”

Has the company leveled any charge on you in writing and has it issued any show cause notice and conducted any inquiry.

You have submitted notice of resignation, have served full notice period and have resigned.

 

Have you mentioned in your notice of resignation or subsequently that it has been extracted by applying pressure, force, and coercion in office premises.

If yes you could have termed it deemed termination.

You could have withdrawn your resignation.

--“Their normal practice is to delay the Full and Final Settlement and last salary.”

All employees can join hands and be witness to each other.

 

The service conditions are given in standing orders of the company {if standing orders are applicable but have not been certified refer to model standing orders}, contract of employment/appointment letter.

You may approach a competent and experienced labor consultant/service lawyer with copies of all of the documents and records and discuss in person.

Your lawyer may ask you a set of structured questions and may opine that you are within the category of a workman.

You may go thru:

-- model standing orders:

. 13.        Termination of employment: (3)        Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

17.    Liability of 17[employer].—

18.  Exhibition of standing orders.--

--Payment of wages Act; 3{vi}, 5,13A, 15, 16, 19, 20….

3*[(vi) "wages" means all remuneration (whether by way of

salary, allowances or otherwise)

 

(d) any sum which by reason of the

termination of employment of the person employed

is payable under any law, contract or instrument

which provides for the payment of such sum,

whether with or without deductions, but does not

provide for the time within which the payment is

to be made;

 

--You can claim payment of wages under SE Act if it is applicable to your establishment.

In a given situation employee can invoke the provisions of IESO Act, SE Act

{Approach Inspector under SE Act}, Payment of wages Act {Wages Inspector}, ID Act,

 as per explanation of employee under these enactments.

Your company may yield to legal notice by your lawyer, demand notice of conciliation officer, or notice from Inspector, or you may have to agitate in the appropriate forum.

 



Attached File : 1044453654 payment of wages act 1936.pdf, 1044453654 model%20standing%20orders.doc downloaded 936 times
 
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HR assistant

Mr Kumar Doab. indisputably you have been doing yeoman service but the man who needs advise did not respond and the one who just want to help others is interested so much so that  he tried to download the model standing orders but that page has not been found available . Keep that spirit up and dont loose your heart by foolish comments from people like me.

Regards

 
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Mr. Kumar Sir

Thank you for your response. i have findout one advocate he is friend to my friend. I have submitted all relevant document like appointment letter, accepted copy of resignation letter, releiving letter, salary slip etc. We will discuss this further on Satuarday since he is traveling. In the first face he told to file "windup petition". all the other methods are time consuming.

Further i will update you by satuarday. thank you

 
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Dear Omprakash

Is this is for me? if yes i dont understand...

 
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