LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ujjwal   30 April 2016

Travel claims

Dear Sir, I am in sales my travel claims pending from April'15 to March'16.Company not clearing this.I have resigned in this company .I have submitted claims all together after resigning and under one month notice period. 

They are saying on disciplinary reason and late submission will not be cleared.I was ill for 3 months so could not submit claims. All caims are genuine.Kindly suggest what has to be done.

 



 9 Replies

Kumar Doab (FIN)     01 May 2016

>>> You have not given complete information.

While initiating such threads querist/employee should post full facts e.g;

What is this establishment; Commercial/Industrial?


What is its line of business?


What was your designation and nature of duties as in appointment letter and in practise?


You were located in which state?


The Redg.,reporting,HO was in which state?

What was last drawn salary?


The relevant extracts from appointment letter and all rules/policies mentioned in appointment letter, standing orders, and to specific matter as in your case i.e Tarvel Claim Policy etc should be posted.

 

 

>>> Do you have approved TP and acknowledgment of submission of Travel Claims?

Is the declinature in writing....."They are saying on disciplinary reason and late submission will not be cleared"?

 

What are these disciplinary reasons?

 

Was any show cause notice issued to you?

Was your notice of resignation accepted and also final resignation acepted?

 

 

 

T. Kalaiselvan, Advocate (Advocate)     01 May 2016

Besides issuing a legal demand notice for all the claims, you shld secure the evidence properly for a subsequent recovery case agaisnt the company and make sure that you are filing the recovery case within three years from the date of claim eligibility. 

Ujjwal   02 May 2016

Dear Sir,

Answers as below with every question( Q. & A.)

While initiating such threads querist/employee should post full facts e.g;

Q.What is this establishment; Commercial/Industrial?

A. Working in a private automobile company.

Q.What is its line of business?

A. Channel Sales. 


Q.What was your designation and nature of duties as in appointment letter and in practise?

A. Assistant Manager. Duties is to do channel sales handle automobile dealers.


Q.You were located in which state?

A. Punjab


Q.The Redg.,reporting,HO was in which state?

A. Maharashtra

Q.What was last drawn salary?

A. In the month of March'16


Q.The relevant extracts from appointment letter and all rules/policies mentioned in appointment letter, standing orders, and to specific matter as in your case i.e Tarvel Claim Policy etc should be posted.
 
A. In appointment letter its mentioned follow company policy.As per Travel Policy claim should be submitted in portal within two months but its nt mentioned after submitting in portal take hard copies and courier to office. I have submitted in portal but hard copies not couriered.    
 
Q.>>> Do you have approved TP and acknowledgment of submission of Travel Claims?

A. I dont have acknowledgment but i have print out of claims submitted in a format on portal.

Q.Is the declinature in writing....."They are saying on disciplinary reason and late submission will not be cleared"?
 
A. Yes its in written through mail.

Q.What are these disciplinary reasons?

A. Late submission of claims.
 
Q.Was any show cause notice issued to you?

A. Not issued but claims were entered in portal.

Q.Was your notice of resignation accepted and also final resignation acepted?

A. ACCEPTED

Regards,

Kumar Doab (FIN)     02 May 2016

You have posted that:

"I have submitted in portal but hard copies not couriered.................................I dont have acknowledgment but i have print out of claims submitted in a format on portal."

 

Have you supplied these now (prefer Redg. pst than courier)?

If yes, the action at your end stands completed. You might have missed due to sickness. Disciplinary action can not be denial of payment.Unpaid amounts are debt on employer.

Demand payment.

Does compnay have an office at your location in Punjab?

Send your contact details by PM ( e.g. email id/phone number/address etc/full name).

 

 

Kumar Doab (FIN)     03 May 2016

Does company have an office at your future location?

Ujjwal   03 May 2016

Yes they have office in the state dont know about location.

Kumar Doab (FIN)     03 May 2016

The querist has started using derogatory/indecorous/defamatory language in his PM's.

 

I haved insisted that he may get his employment related documents and duties (on record and in practise ) be examined in detail by an able counsel...................................specialzing in labor-service matters at any of his locations...............( I am not any on his locations.)

 

The following is the free advise rendered by PM's to the querist in response to his repeated and frequent PM's.............................

 

"Your designation/office may be covered by local enactments. However the company shall claim that you are not covered by the labor laws and that jurisdictional courts are as inserted in Maharashtra. Get your duties ( as on record and in practice) examined by an able counsel specializing in labor-service matters and ascertained for coverage by labor laws. At the same time , if your counsel opines, you may claim that (if true) due to sickness submission was delayed and may be condoned."

 

"Does company have an office at your future location in ( Name of  location erased by me......................)?"

 

 

"Maintain the decorum and remain gentle. NO one invited and/or asked you. You had approached by initiating a thread and by sending PM's. The posts that you have received are correct. You are at liberty to post to anyone and anywhere. I shall not render a wrong piece of advise.You have erred and have given opportunity to your bosses/employer to block the payment.Online discussions have its own limitations.As already posted an able counsel can opine after examining your duties ( on record and in practice) and employment related documents, whether you (Asst. Manager) shall be covered by labor laws or not. The bosses/employer shall certainly oppose your coverage by enactments and shall press to approach jurisdictional courts as inserted in appointment letter and that may be at ................... And even courts may agree on jurisdiction.An able counsel at ( Name of 4 locations erased by me......................).................etc may charge fee for his/her consultation. You alone shall have to settle your terms and fee on your own. I have nothing else to post. labor/service matters is altogether different field and a few counsels specialize in it. Prefer to consult an able counsel. I have nothing else to post. Wish you the very best."

 

 

"Pls mind your language and stop stooping down to leveling baseless and false allegations and causing defamation. I have tried my level best to give you best possible suggestions repeatedly."

 

Kumar Doab (FIN)     06 May 2016

After 03rd may,2016 i.e. the last PM to querist that is also posted above,, the querist has not posted back anything in thread and by PM.

 

There have been instances of querist/authors initiating threads, sending PM's requesting for help and then resorting to derogatory/indecorous/defamatory language.

The admin of the LCI should willingly share the detaisl of such querists for further suitable action by experts. 

Kumar Doab (FIN)     06 May 2016

If admin has recieved any communication on this thread from experts/querist it may be posted in this thread so that on this  matter and in future a concluding action can be taken.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register