Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Hope for the Best (Service)     16 January 2010

Salary hold after resignation - Legal aids??

 

Sir,
 
I have resigned on 09.12.09 w.e.f. 07.01.10 after serving 6+ years in a company. Therefore I have given almost 1 month notice, as mentioned in my appointment letter. Now, Company has hold my Salary & other reimbursements, stating that all will come along with the Full & Final Settlement. All other employees has got their salaries. My question is :
 
1. Whether company can hold the notice period salary?? if yes, then how long?? and what about the salary from 01.12.09 to 08.12.09(Salary before notice period)?? isn't it suppose to pay along with all the others salary in the next month?? Please respond giving the reference of the concern Sections of the Law.
 
2. How long a company can take time to give the full and final settlement even after the notice period is over? Please respond giving the reference of the concern Sections of the Law.
 
3. If they are not giving the full and final settlement in time, where i will have to proceed further (out of the company) for get the F&F immediately
 
Please respond giving the reference of the concern Sections of the Law.
 
Best Regards
BKT


Learning

 11 Replies

Vijayarajan (Executive Director)     16 January 2010

Since you have completed more than 5 years, you are eligible for gratuity under PG Act 1972. You have to make an application to the company, and if they refuse to pay you can file application to the controlling authority of your copanys area. For all other claims you can approach the labour court under Sec 33 C of ID Act,1947.

1 Like

R.R. KRISHNAA (Legal Manager)     16 January 2010

First talk with the management of the company about your dues.  If they do not respond properly send a legal notice.

1 Like

LINGARAJU N (HR OFFICER)     16 January 2010

Dear Biswas,

Viajayrajan and Krishnaa were showing correct path to you . My suggetion is go with Personal/HR Dept. and know the details of status once again, if they not settle you can go legally.

Lingaraju.N

HRD

 

 

1 Like

Chandru T (Management Trainee)     29 January 2010

Dear All,

Thanks for your valuable inputs on Mr. Tushkar's queries. However, I would like to get objective type of answers for the questions 1 and 2 posed by Mr. Tushkar. Please do the needful at the earliest.

Chandru T

 

ROHIT (EXECUTIVE)     30 January 2010

 

Dear Sir

I was working with BPO.i have resigned from job on 12 sep,2009 without any notice but with proper way.

I have two queries in this regard.

1.According to  company policy employee have to pay one month salary or have to adjust his balance leave payment if he doesnt serve the notice.

I had leaves in my account.

But till now they have not settled my account and extending more days by saying that company policy is to settle the account from 3 to 5 months.

But in the Company booklet it is written that "settlement will be processed & completed within 40 days either from employee's last working day or from the date of submission of all documents, which ever is later."

2.Regarding settlement of PF they are telling it will be processed only after full and final  settlement.

So I want suggestion that What can be done in this regard?

1.Is there any law or bindage to company to settle the account within desired time?

2.Is PF only processed after settlement of account whether more than 4 months are gone?

3.According to law, how much time can company take to process the PF from their end?]

Thanks n regards

Rohit

Rupali (Owner)     05 February 2010

Hello Rohit,

Ans of first Q: If in company booklet it is written that F & F TAT is 40 days then you can send a legal notice to company.

 

Ans to 2 Q: PF withdrawn is your right you need to fill PF Withdrawn form i.e. form 19 & form 10C and submit it HR after 2 months from Last Working Day.

Ans to 3 Q:  Maximum 30 days. If your from is filled correctly.

This is my experiance only.

Rupali

https://www.agriinfo.in

 

ROHIT (EXECUTIVE)     05 February 2010

Thanks Rupali for the valuable resolution of my query.Gud day

Regards

Rohit

Hope for the Best (Service)     06 February 2010

Heloo,

This is BKT again.

Thanks to every body for giving your precious comments on this issue. Please let me know the followings:

*** Initial history in my 1st query dated 16.01.10 (Top one)

Further:

My last working days are over by one month now (resignation effective from 07.01.10, resigned on 09.12.09). I had came out from the organization after giving proper one month notice (after continuous service of 6.2 years) . Unfortunately my Salary is on hold, but they didn’t issue any sort of notice asking some clarification till my last working day and till today also. Till date they have not processed my full & final settlement. They are not responding in writing about the actual cause of delaying the settlement. 

My question is :

1. Being a safer side (because I was working in a key position), What is the maximum time I can wait for the Full & Final Settlement ??

Best Regards

BKT

 

Hope for the Best (Service)     06 February 2010

 

This is BKT again.
Thanks to every body for giving your precious comments on this issue. Please let me know the followings:
*** Initial history in my 1st query dated 16.01.10 (Top one)
Further:
My last working days are over by one month now (resignation effective from 07.01.10, resigned on 09.12.09). I had came out from the organization after giving proper one month notice (after continuous service of 6.2 years) . Unfortunately my Salary is on hold, but they didn’t issue any sort of notice asking some clarification till my last working day and till today also. Till date they have not processed my full & final settlement. They are not responding in writing about the actual cause of delaying the settlement. 
My question is :
1.       Being a safer side (because I was working in a key position), what is the maximum time I can wait for the Full & Final Settlement??
2.       Can company hold the PF also?? If. Yes then what is to be furnished before PF authority by the company?? And what is the time frame to furnish the details from the date of esignation?
Thanks & Regards
BKT
 

radha (freelancer)     25 April 2010

Dear BKT,

You have given your notice of resignation on 09.12.09 and resigned w.e.f. 07.01.10 .You were working in a key position.

At this key position, was there anything you needed to fulfill, but you could not.

Was there any heartburn, or conflict.You have worked for a long time and must have build rapport.You may find out and resolve the matter.

Have you maitained your record of attendance with you also.Did you obtain acknowledgment of your notice.Have you received the acceptance of your resignation.

Did you submit company property,e.g I.card,visiting ards etc. and obtained acknowledgment and "No Dues Certificate".Were you asked to  transfer the knowledge and train some other employee.Have you settled everything asked by your superiors, during the notice period.

You have mentioned your company " didn’t issue any sort of notice asking some clarification till last working day and till today also"

Company has computed your salary from 01.12.2009 to your last working day in F&F, alongwith your pending reimbursments.

You may visit your Boss,Deptt. Head, HR Head and the concerned person in HR who has been designated to release payment of your wages,  with an open mind and positive approach,may take up your matter for the release of your:

Salary, reimbursments,PF withdrawl forms,Gratuity,leave encashment, and others  as mentioned in your appointment letter, and form 16,releiving letter,work experience certificate  etc,

You may point out that it has been quite some time, and by now you should have received the F&F and payments and other documents, which you require urgentally for your finacial needs and for your future ventures,and that it must have been ready and you are in office to collect it by hand. If it is not ready owing to some pendencies, make a careful note, and persue to get a deadline, while you are in the office.

You can submit with a covering letter,your PF withdrawl/transfer forms to the company while you are in their office( You need to mention your bank account, and may require to affix a revenue stamp), and obtain an acknowledgment on covering letter and keep a copy of the forms filled by you.

After this meeting send the minutes of discussion by a letter thru registered post to the persons concerned and also to the Managing Director, and request to deliver the docs and payment by the fixed deadline, by registred Post, at the address you wish to be in company records.

I shall be appropriate to resolve the matter amicably thru your HR, as suggested by all.

You may use your communication,persuation,negotiating skills.

However if nothing works, you can issue legal notice and take a legal recourse.

You can submit your PF withdrawl forms thru local PF commissioner's Regional office.

khetubha (manager)     27 November 2012

Dear Sir,

I worked as manager - installation with organization & always on tour for company work.

 

During my last tour I resigned from organization on 19th Oct. 2012 & my last working day is 20th oct. 2012.

My query is:

1) I RESIGNED THROUGH MAIL & HARD COPY ON 20TH SEPTEMBER, 2012 SUBMIT THEM BUT THEY NOT GIVEN ANY ACKNOWLEDGEME SO AGAIN I SEND THE RESIGNATION THROUGH MAIL ON 19TH oCT. BUT STILL I NOT GET ANY REPLIED FROM ORGANIZATION. I WAS ON TOUR DURING THE MONTH OF OCTOBER,12 SO I SEND THROUGH MAIL. THEY HOLD MY SALARY FOR THE MONTH OF SEPTEMER & OCTOBER WITHOUT ANY REASON OR INTIMATION. WHAT CAN I DO FOR GET MY SALARY ??

2) DURING SERVICE PERIOD I WAS ON SITE AT KARNATAKA & I SUFFERED FROM MEDICAL CHRONICLE DISEASE (KIDNEY FAILURE) & I GET LEAVE FOR 2 MONTH DUE TO THAT. BUT COMPANY NOT PAID ANYTHING TO ME. CAN COMPANY ELIGIBLE TO PAY FOR IT UNDER WORKMAN COMPREHENSIVE OR ELSE.

3) TILL DATE I ASKING FOR MY SALARY & MEDICAL REIMBURSEMENT BUT COMPANY NOT RESPONDING. I TRY TO MEET BUT THEY NOT ALLOW, I TRY TO CONTACT THROUGH CELL BUT THEY NOT RESPONDING.

 

kINDLY SUGGEST HOW I CAN APPROACH TO GET MY REIMBURSEMENT.

 

Thanks & best regards,

khetubha sodha


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