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viswa (unemployed)     08 December 2013

Salary,graduty,relieving letter not issued?

I have served 8 years for a reputed orgn. I have resigned, accepted, served 2 months notice period, I have xerox copy of HOD undersigned No Due certificate at the last day. I have communicated my disappointments with orgn., due to that I have expelled with force at the last day and not provided my last month salary, graduty, leave encashment and relieving letter. I have completed all my relieving formalities as per company polices. How and from where I can start my legal steps to get the rest?. please suggest how to bring through court of law. As I have not provided relieving letter with my acceptance sign. whether still I am the employee of that organisation?.




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 1 Replies

Kumar Doab (FIN)     09 December 2013

 

Employer should provide acknowledgment of notice of resignation and issue the guidelines as per wishes of employer on exit formalities, and thereafter should provide acceptance of resignation, work experience/service certificate, relieving letter, FNF statement for verification and acceptance by employee, payment of FNF dues/wages, form 16 as per correct FNF statement, PF number/account slips of entire tenure of service/attested copies of PF withdrawal-transfer forms, Notice of determination Gratuity, NOC/NDC...........................................etc

 

 

 

Employee can demand all of these to be supplied by redg. post and you may add that postage prepaid, self addressed envelope is attached wherewith for sending the redg. post to you.

 

If you have tendered notice of resignation in line with standing orders applicable to the company/appointment letter/contract of employment, has served notice period then you have displayed character and sincerity,   

 

The time for payment of FNF wages is last day in office or say by mutual understanding within next 3 days and max. within usual pay day.

 

The employee can lodge a compliant the minute wages are not paid and delayed even if by a day. The employer can be fined

Say Rs.7500/per instance..............................

 

You have posted that:

 

-----“I have expelled with force at the last day “

 

What does this mean: Were you pushed/pulled/ manhandled/insulted/shouted upon or the security staff etc asked you to leave office premises and line managers/HR/Employer stated that you are not allowed to enter office again?

Have you been terminated on last day? Has the company issued any notice/stinker/show cause notice/termination order to you?

 

If company has chosen to effect the termination then employer should provide opportunity of hearing and natural justice.

 

If company has recorded termination as a reason o separation then it should communicate reason of termination and supply the termination order?

 

In case of termination it may find itself liable to pay compensation which may be min. of notice pay.

 

-----“ I have completed all my relieving formalities as per company polices. “

I have xerox copy of HOD undersigned No Due certificate at the last day.”

 

The NDC is issued by HOD as you have completed the exit formalities explained to you.

Why a photocopy you are entitled for original/certified copy of any document that you sign.

 

 

------“ whether still I am the employee of that organisation?.”

 

If company has not relieved you from employment then it may claim so.

 

However have you submitted final resignation on last day in office?

 

You had initiated separation by notice of resignation and during notice period have completed exit formalities and should have submitted final resignation by post and if you sent the same you can send the copy again...................................This should repell the contention that you are absenting/abstaining/absconding etc...................

 

If company wishes to claim that you have not been relieve then it has to explain the ceremonies of notice period obtained by it, exit formalities completed by it and NDC issued by it.............................................

 

-------“ I have communicated my disappointments with orgn.”

 

You have doe a great service to employer by doing so. The good offices of owners of the company/appointing authority/MD/Chairman/Company Secretary/ Board of directors............................................and person sitting in chair of Head-HR 

As appointed by employer should reward and award you for it.

 

 

 

Did you express in exit interview form or by a separate letter/email?

 

Does your company ahs exit interview form/format? There are columns for what was good and bad found by employee during tenure of employment.

 

-------“ I have communicated my disappointments with orgn. due to that I have expelled with force at the last day due to that I have expelled with force at the last day and not provided my last month salary, graduty, leave encashment and relieving letter.”

 

The line managers/HR/employer etc.........................whosoever/whatsoever have turned zealous, vindictive and are standing Volt Faced.

 

Even if the employee has made the disappointments known to the employer in writing the employer should rather resort to introspection and thank the separated employee for bringing the issues in his knowledge than resorting to vindication even by his sub ordinates.

 

 

You may submit formI for Gratuity under proper acknowledgment. and demand  that certificate of payment showing amount disbursed by LIC be supplied to you.

You can claim that entire amount held in your Gratuity a/c be paid even if the amount as per Formulae of calculation Gratuity is less than amount held in your Gratuity a/c.

There are judgments that employer has to disburse all amounts held in Gratuity a/c to the employee or all amounts paid by the LIC or any other FI from whom the compulsory insurance for gratuity has been obtained.

 

There are threads to suggest that employees have been contemplating to lodge criminal complaint u/s 406,420..................

 

And to approach employer as creditors treating unpaid wages as debt on employer.

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

 

Employee can approach:

-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include theHR personnel, Manager Finance, appointing authority and MD in list of noticees............

 

Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................

 

Your lawyer may ask you a set of structured questions and may opine that you are covered.

 

-Trade Unions/ Employees Unions: They know precise ways to handle such issues

 

 

-Inspector under Shops and Commercial Establishments Act; 

 

-Inspector under Payment of Wages Act

 

-RPFC, Addl. CPFC n the state, CPFC......................

 

-Jurisdictional ESIC Inspector,

 

-ITO-TDS where employee files ITR and Jurisdictional Cit-TDS where employer files ITR

 

-o/o Labor commissioner

 

-Civil Court.

Approach your lawyer. The lawyer that has seen all of your docs and has analyzed the inputs can advice you the best.

 

 

/sg� <s@�x��n>

 

 

-Trade Unions/ Employees Unions: They know precise ways to handle such issues

 

-Institution of Media

 

-Inspector under Shops and Commercial Establishments Act; 

 

-Inspector under Payment of Wages Act

 

-RPFC, Addl. CPFC n the state, CPFC......................

 

 

...

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