Prasenjit De (Unemployed) 04 February 2016

Salary on hold after resignation

Hello everyone.....!!

I was working for a dental company and have been giving stupendous growth to the company. But due to office politics, i was forced to resign on 31st December which was accepted on 7th Jan.

I have few quiries which I request anyone to answer, so that I can take the right corrective steps accordingly.

1.I worked for the company for 1year,1 month and 3 days. But I was not confirmed. Can a epmployer keep an employee on probation for more than 1 year?

2.Since I was not confirmed, I was not given any notice period to be served.

3.The company has held my salary for the month of December'2015 and January'2016(1st -7th Jan). Can the company do so without any reason? Neither the company has given me any written confirmation that my salary has been put on hold and will be cleared with Full and Final.

4.The company has send me a mail of my resignation acceptance alongwith the FFS form which needs to be filled up from various departments and submitted to HR deptt.

5. The company property that I have with me is laptop(my official mail has already been barred), corpoarate sim(number has been blocked), company I-card,visiting cards, and promotional materials.

6.Now every other day, i recieve a mail from HR to get my FFS done. And today i get a mail from HR stating that they are afraid they cannot process my FFS if I delay it any further. Can a company do so? Is there any deadline to get your FFS done?

7.My worry is that after I do the FFS, they will deduct half of my salary in the name of outstanding payment recovery.Also my expenses of lot may months are due.

8. They are not mentioning anything about my salary and expenses which are due, but only asking the FFS to be done....I am not able to go my pevious office because currently I am busy in searching a job, and also I am not sure if I handover everything they might prepare a FFS of their wish.

9. The company does mal-practice of deducting salary in the name of penalty if any mistake is done, by forcibly marking absent in the attendance sheet inspite of the employee on work for that day.

10.They also donot give PF, and running the company.....They also donot provide any salary slips nor form 16.

11. The MD of the company was also in touch with me off-late for me to give him a business proposal to expand his business outside Delhi, as i had already given one and applied in in the company during my tenure....But when i asked regarding my salary slips etc further communication got stopped.

12.Kindly guide me what should be my course of action now.....A action which will help me to recover all my money without a single paisa deduction.

Regards,

Prasenjit

Reply Follow

4 Replies

Kumar Doab (FIN) 04 February 2016

Do you have any evidence on record (audio/visual/witnessed/minuted etc that can be proved) that you were forced to resign?

Did you resign with immediate effect or by notice?

Has any appointment letter shwoing probation period and notice period been issued to you?

If yes what is the probation period and notice period?

Do you have any acknowledgment of expnese statements submitted by you?

It shall be better to prepare your own FnF statement : earned wages/leave encashment-bonus-incentives (if you are eligible)/ expense reimbursments/ thus net amounts payable to you, etc and submit it for confirmation by employer and to demand salary slip of all months, Form16 of all fianancial years, PF a/c statement of each year(if you are covered), ESIC (if you are covered), NOC/NDC,Handover of charge...........

They are asking you to obtain NOC/clearance from various dept that you can do.

You can return the compnay property with itemised list and obtain acknowledgment, NOC/NDC,Handover of charge under proper acknowledgment under seal and signature with date..........................

What was your designaton and nature of duties?

Did you have any power to sanction leave/increment/appoint/terminate?

The establishment is registered as : Commercial/Industrial?

The dept/Div where you were posted is registered as: Commercial/Industrial?

You,your reporting office, Redg. Office is located in which state?

How many person are employed in it?

Does it have certified standing order or Model standing orders apply to your designation?

Are you a member of employee's/trade unions?

Did you consult an able counsel specialzing in labor-service matters on the day you were forced to resign or later?

If yes what is the opinion of your own counsel?

Prasenjit De (Unemployed) 04 February 2016

Do you have any evidence on record (audio/visual/witnessed/minuted etc that can be proved) that you were forced to resign?No I don’t have. They called me for a meeting and I was told resign or we will terminate. I did not get any time rather not prepared to take any evidence.

Did you resign with immediate effect or by notice? Yes……..but they accepted it from 7th’Jan.I even worked for 4 days after I resigned. There was a tricky politics going on as I was capturing the limelight in front of the MD. The MD verbally asked me to work for the month of January….but later accepted my resignation which I had given on 31st December.

Has any appointment letter shwoing probation period and notice period been issued to you.- As per the appointment letter given by the company “You shall be on probation for 6 months during which period your services can be terminated without any notice period. Subject to satisfactory performance, you shall be confirmed in the services of the company of 6 months from the date of your joining the company”.

If yes what is the probation period and notice period.? Do you have any acknowledgment of expnese statements submitted by you?-

As per the appointment letter-

Termination of Employment:

After confirmation the employment may be terminated

By either party giving the other other one months notice in writing of its intention to do.
By the company without any notice or payment referred to in clause (a) above, in the event of your not abiding by clause ‘4’ of the “Terms and Conditions of the Employment”.

You mean to say I should prepare all this by my own. They are not so simple…..they deduct salary by the drop of the hat without even giving reasons.

They are asking you to obtain NOC/clearance from various dept that you can do.

You can return the compnay property with itemised list and obtain acknowledgment, NOC/NDC,Handover of charge under proper acknowledgment under seal and signature with date..........................

Reading their mails, I get a feeling they are more interested in getting their property and donot mention my regarding hold salary and other expenses.

What was your designaton and nature of duties?- Business Head-Sales and Marketing head of a division.

Did you have any power to sanction leave/increment/appoint/terminate?-I can only advise.No one is empowered to take the decision except the MD. But, I do have approved the casual leaves and sick leaves.

The establishment is registered as : Commercial/Industrial?- I have no idea.

The dept/Div where you were posted is registered as: Commercial/Industrial?- I don’t think so.

You,your reporting office, Redg. Office is located in which state?- Delhi

How many person are employed in it?-They have 2 corporate accounts

Does it have certified standing order or Model standing orders apply to your designation?-What actually does it mean.?

Are you a member of employee's/trade unions? No

Did you consult an able counsel specialzing in labor-service matters on the day you were forced to resign or later? Not yet.

If yes what is the opinion of your own counsel?

Prasenjit De (Unemployed) 05 February 2016

Can anyone pl. guide me what should be the exact reply to my previous employer to the mail in which they are asking me handover all the company property.?

Accordingly I will prepare my reply and get my FFS done asap as per guidance I recieve from you.

Also wanted to know can a company legally stop my FFS if it is delayed for too long.?

Awaiting a reply/guidance asap.

Kumar Doab (FIN) 05 February 2016

You have posted that:

"Did you resign with immediate effect or by notice? Yes……..but they accepted it from 7th’Jan"

Your reply does not clearly specify that you submitted notice of resignation or resignation with immediate effect?

If you have worked for/ or asked to work/or made to work for any day then wages are to be paid. If resignation is accepted before expiry of notice period by employer then it is not a valid action and employee can ask to serve the notice period or agree to accept notice pay in lieu of notice period.

If your service was not confirmed then you are under probation. It is duty of the bosses to initiate and conclude appraisal well in time and communicate the extention of probation/confirmation of service by a speaking order.

What is 'clause ‘4’ of the “Terms and Conditions of the Employment”.?

Any deduction from salary as to be justified and shown in salary slip.

Rest you may approach an able counsel specializing in labor-service matters.