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sushil kumar pandita   09 September 2015

Company not paying full and final settlement.

company has terminated my service without any notice and after many reminders they are not doing the full and final settlemet and when i am talking to HR they are given one or other excuse. it seems they are not ready to settle the account. what shoud i do?



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 5 Replies

Kumar Doab (FIN)     09 September 2015

What is the reason mentioned in termination order?

Did the company issue any stinkers, memo, show cause notice or initiate PIP before termination?

Did you contest the termination?

Nitish Banka (lawyer)     09 September 2015

issue legal notice approach labour court

sushil kumar pandita   09 September 2015

1. this is the communication line

This is to bring to your notice that the management is not satisfied with your performance.

2.nothing like that has been iisued to me, although it came to me as a surprise.

3. third point i can not understand what you mentioned.

i have also given a written bound for one year and one month bond cheque in favour of company. but company terminated my services just after compleating 5 months.

 

sushil kumar pandita   09 September 2015

kindly what should i do?

Kumar Doab (FIN)     10 September 2015

Generically speaking: As the company has issued the termination letter therefore, the Bond/Service Agreement, security cheque for liquidated damages, etc  shall loose its sanctity.

However the Bond and receipt issued for security cheque should be examined.

The companies are known to draft one sided/lop sided agreements and might have inserted that even in case of termination due to dissatisfactory performance employee shall have to pay the penalty inserted In Bond and based on such statement it may bank the cheque or raise demand.

 

The termination is due to alleged dissatisfactory performance and not on any misconduct hence company should tender notice pay.

You should show all docs on record starting from job advt,job application, interview call letter, offer letter, selection letter, appointment letter, all rules and policies mentioned in appointment letter,Bond, demand for security cheque and receipt, termination order, etc to an able Labor Law Consultant/Service Matters lawyer/Law Firm and give inputs in person. The counsel that has examined all docs and inputs can advise you the best.

 

Do you have copy of the Bond?

Were you employed before joining this company?

Were you asked to resign from employment?

Was the appointment letter issued on 1st day of joining?

Was the Bond place before you before appointment letter was issued?

What was the ground for creating Bond say some certified training?

 

 

 


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