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Ash99999999 (Service)     29 May 2017

Employer demanding 3lacs in fnf and holding service cert

I was working with a large conglomerate out of Bombay about 4 years back. After seeing no opportunities for growth I decided to leave the company in the month of May. While leaving I was asked to get clearance from all departments on the clearance sheet so that no dues are remaining. That was done and we mutually parted ways. 

After two months I received a mail in which all my last working months salary was deducted and I was being asked to pay over 3 Lacs as claim to the company, they have simply mentioned the figure in the F&F without any explanation as to why it is so. Also till the time that due is cleared they will not issue the service cert.

Now I have moved on from then, I did not pay heed to such intimidations and now about 4 years hence, I have applied for a new job from my current company and they require the service certificate from my last to last company as well.

I know legally it is my right to have the service certificate. I want to know two things, since the HR was disagreeing to give me the cert or waive off the pending amt. Is there a way to get them to issue the cert and also since they are not being very clear on why and how they came to this figure, is there any law which states that I will have to pay them this absurd amount.

Also will the statute of limitations (3 years) apply to any claim they may file against me.

I checked some labour law and it said you can only deduct for damages done to company equipment or for notice period not served (I did not serve the 3 month notice period, 15 days) and some other special cases.

"Deductions are permitted from an employee’s wages, but only for specified reasons (eg, on account of fines, deductions for damage to or loss of goods expressly entrusted to the employee and recovery of loans or advances). Deductions are generally permitted only up to 50% of the employee’s wages." 

Is this true ???

What legal recourse do I have?? If they refuse to provide the certificate.

 

 

 

 

 



Learning

 5 Replies

Kumar Doab (FIN)     29 May 2017

Do you have copy of NOC, FnF, emails sent to you?

If yes, and if you wish, attach.

You may erase the names, logo etc to maintain the confidentiality.

 

Do you have copy of appointment letter?

Kumar Doab (FIN)     29 May 2017

 

If yes, and if you wish, attach, or the extract of clauses on resignation, termination, notice period, exit formalities…………..

 

Service Certificate should be issued to all employees.

Kumar Doab (FIN)     29 May 2017

 

 

While posting such queries employee should post basic information!

 

 

 

What is this establishment; Commercial, Industrial?

 

 

What is its nature of business say; IT, ITeS?

 

 

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

 

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

 

You are in which state?

Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

 

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

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

Kumar Doab (FIN)     29 May 2017

It is felt that this query has been discussed earlier also.

Pls post the link.

Kumar Doab (FIN)     29 May 2017

Notice period/pay is part of service conditions that are governed by various enactments, applicable to employer,employee, establishment...............

The notice period of 90 days may not neccessarily be applicable to you.

 

 


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