Full and final settlement

A per the terms of appointment your notice period started the moment you submitted your resignation on 30'11'2011'  The company cannot force you to serve fresh notice or terminate you when you have already given the resignation,  You should give full & final settlement certificate when you recieve all your dues till date of actual relieving from the job.  Please explain this legal position to your HR deptt. and seek immediate relieving alongwith payment of full & final dues.

You have posted:

--” As per AVP’s instructions”.  Do you have such instructions on record? Have you mentioned in writing in any of your representations to company that as per instructions by……..you are submitting …………?

Has the company issued you the date of acceptance of resignation or date of reliving in writing in any of the documents?

--“ I put forward my resignation letter through email to AVP and cc to Manager-HR, on 30th Nov, 2011,” Your notice period should be over by Jan12. The 45 days stated by company should have been over by 15^th March.

--“ On 21^st Dec, 2011, as per AVP’s instructions, I have handed over the office accessories, laptop, data card, Id Card, etc, to Operations Asst Mgr and got clearance checklist form initialised, in the pressence of AVP. This AVP has overseen the handing over of charge and company property and the same official of company has passed acceptance of your resignation.

It implies you have been working till this date.

From which date you were relieved in writing and who issued instructions on date of relieving?

--“ I proposed to serve the notice period of 2 months, but company doesn't want me to serve the same beyond 20^th Dec, 2011 ( as per the F&F statement).”

Company should on its own pay the notice pay for balance days.

If employer accepts resignation before expiry of notice period/last day in office/effective date of resignation employee can agitate and term it as illegal.

--You must not accept the FNF statement. If funds have been transferred to your bank a/c you may submit submit even if by email that FNF statement is wrong and funds have been transferred arbitirarily as per incorrect FNF statement.

If you have submitted accepted copy of FNF statement you may submit a rprsentation to the good offices that this Astt. HR, Head-HR have made a pass on you and have corced and forced you on FNf statement.

You may submit a representation to good offices of your appointing authority, MD, CEO, Chairman, Company Secretary narrating all incidences and absurd comments of this Asst HR and raise a question on why you were not allowed to complete your notice period and left unemployed and without any source of livelihood, and why your dues were not paid within last day in office i.e. 2 months from date of notice while  you had handed over the company property on dated…………as per instructions of this AVP under his in person and personal supervision and build ground for future course of action. Your communication shall entangle this Asst HR. In all probabilities you should succeed.  
 

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.

Companies burn extra energy to convince employee that he/she is not a workman as many of the enactments favor employee and limit the choice to employer. However designation alone does not decide employee is a workman or not.

As per Industrial Employment (Standing Orders) Act, 1946 employer should pay all wages and issue certificate on last day in office.

You may go thru another interesting thread;

At the following link:

https://www.lawyersclubindia.com/forum/Gratuity-and-compensation-63698.asp#.UDIj9yIWrts

 and

https://www.lawyersclubindia.com/forum/Resignation-63710.asp

Dear Yogesh Sir,

I spoke to them and I wrote the mail as well, stating the same. But till date, HR Dept has not responded to me, other than a mail which they send to intimate me that they have prepared my F n F settlement and they wanted to confirm my account number & address. After I raised the issue, HR Dept is keeping quite and after a long time, my superior, AVP, asked me to produce the proof that I have served the organisation till the last day of notice period. The the company doesnt follow any e-muster or physycal muster where we sign, I cant prove the same and when he asked me to hand over the things , it was all orally done but I have mentioned the last working day, which they have changed, without intimating me. 

I tried to reach the manage HR, but Asst Manager never pass on the call to her and she always use threatening words, which i never care. i have cited all the mentioned details in the appointment letter, bit still HR Dept never replied to me. 

What further I can do Sir. Can I forward a Hard letter to Good Office? 

Please shower some lights, how should I proceed ?

Thanks in Advance

Krishna

Dear Kumar Sir,

All the instructions is not a recordical one, he always instruct over phone. I only have one thing as proof, that is, my resignation letter and the exit / clearance papers which I have mailed from my personal mail ID. No official reply about stating the acceptance or receipt of resignation mails or letters from company has reached me. 

I didnt allow them to tranfer FnF to my account, its still pending and I havent received the experience certificate as well, which is a must for joining the next company. My PF is also pending. 

Sir, as per your instructions, I will send a letter to the CEO/MD. Please advice any other process or thing which can help me to solve this issue.

Thanks in Advance

Krishna

Dear Kumar Sir,

You have asked me whether I have mentioned in any communication that I have done this as per AVP's instruction. YES Sir, when I replied to AVP's mail on this topic.

This was the AVP's argument 

I wrote about his instructions in the mail.  :

"Dear .......... Sir,

Sir, please find attached the FnF. I have removed the name of the company and the HR names as well. Hope its ok with you. In that, my balance leave was set off against the notice pay. please go through the same

Please guide me for further step

Thanks in Advance

Krishna

You have posted that:

--“I only have one thing as proof, that is, my resignation letter and the exit / clearance papers which I have mailed from my personal mail ID.”

You have submitted the notice of resignation. Have you submitted effective date of resignation/last day bin office? Having submitted the notice of Resignation Company has to issue acknowledgment and acceptance and date of relieving if any as perceived by company as per its requirement.

The statement of AVP “Further,  the joining date was observed to be corrected from 'a Dec'  date to 31/01/2012, may be  to match with the notice period. “ seems to be an attempt to transfer the onus on you and to claim that you have preponed effective date of  resignation.

You have to deny it and affirm that your date of resignation was as per notice of resignation. You have already replied in writing “You asked me whether the last working day was mentioned or not? I said yes Sir, it’s been mentioned as 31st Jan, 2012,” and you have already affirmed in writing that he ordered handing over of the charge and company property and as per orders in office you complied.

Yu have already replied in writing that “About the corrections I have made in my Clearance Check List, its the date of resignation, not the date of Joining and last working day, for both, I had made a common signature as self attestation, as its corrected by me. This was done from Cochin office itself and I send a mail to You, keeping a copy to Deepa, Manager-HR, after correction only.”

IN FNF statement 20 days of leave are set off against notice period. Since company has relieved you before effective date of resignation you may demand encashment of all paid leave and pending notice pay and correct the date of resignation to date of notice/submission of resignation, work experience certificate, correct FNF statement, form 16 as per correct amounts in correct, FNF statement, PF number/attested copies of PF withdrawal/transfer forms { submit the forms} so that you can submit to RPFC on your own, service certificate, reliving letter, NOC/NDC, etc.

And if company has collected all company property, and asked to handover the charge to one Anoop this implies that company has relieved you on dated…………..If company wanted you to attend office and work at any other work station company should have stated so in writing. As per job/designation/work assigned to you before date of notice of resignation, if company wanted you to continue to do the work in Office Company was under obligation to assign the same or new duties.

All of the game is to somehow avoid giving anything in writing and discharge the employee within notice period without having to disburse the notice pay.

--“ No official reply about stating the acceptance or receipt of resignation mails or letters from company has reached me.” 

This is absurd. These so called professionals in HR must have studied the bare minimum duties to be performed by them fro employees joining the company and employees separating from company.

--This AVP has stated in writing “1. Subsequent to receiving your mail regarding clearance check, we reported 20th as the last working day to Corporate office and based on this, your F&F settlement was prepared.“   

Who has issued the orders for clearance check on receipt on your notice of resignation? Did you receive any communication to attend clearance check, if yes it was verbal or in writing? You may demand interest and damages on outstanding amounts.

Apparently this AVP, HR and hand in glove and have connived to demonstrate unprofessional unlawful conduct for petty amounts and just to show their loyalty to their masters.

They are not fit to be left to loose around in civilized society.

-- This AVP has stated in writing “These are the facts of the case and I repeat, the delay caused is not intentional and if this settlement has crossed the TAT, I am sorry for the same.” He should rather beg apology in writing along with this Manager –HR to distort the facts and indulging in unfair practices.

You may record the rude and threatening statements of Asst. HR {audio/visual} and lodge a complaint against her and let her run to face the situation at your location.

Obviously these personnel have caused breach of trust and you are at liberty to sue them.

You may submit carefully structured representation to good offices and if no relief provided approach the lawful authority as per explanation of employee in various enactments under expert advice of your labor consultant/lawyer.

Valuable advice of learned experts/members is sought.

Dear Kumar Sir,

I very much thank you from the bottom of my heart. Im sticking to whatever I said earlier and Im not ready for any compromise, unless its 60 days notice period pay and pending leave encashment. I havent said anything about interest on the outstanding. I will follow your advice and will write to the MD/CEO with all these matters. Sir, I dont have any audio/visual proof to lodge a complaint against Asst HR, but I have mentioned this in the communication mail to Director - HR and to CEO and Asst HR has also read it, though she has not responded to it, neither others. 

Sir, today, after a long gap, Asst HR has send me a updated FnF settlement. prepared on 19th July, 2012, (find attached), which shows my pending leaves has been encashed and credited to my settlement. But, 39 days of my notice period has been waived off without pay. 

I humbly rejected to accept this settlement as well and scribbled back keeping a cc to her superiors as well, mentioning about this 39 days notice period salary, which has been waived off. Hope, I did it right .

Please let me know your opinion.

Best Regards

Krishna

If you have submitted notice of resignation/have mentioned effective date of resignation/last day in office in your notice of resignation you shall have chances of succeeding. You may once again look into the written statement of this AVP: “You had surrendered all the company properties on 21st morning including laptop, visiting card, pamphlets etc. and got the acknowledgement from the Operations officer and subsequently submitted the paper online, after signing and putting the date as 23rd. Confusion occurred as the date entered as the last working day was 31st Jan. though you surrendered all articles on 21st and submitted the acknowledgement on 23rd." This statement of AVP concludes that you had submitted your effective date of resignation/last day in office as 31st Jan, but he is pointing out that :you surrendered all articles on 21st and submitted the acknowledgement on 23rd and that . Confusion occurred due to this. He is trying to pass the buck to you. Who has ordered to surrender all articles on 21st and attend clearance check and who conducted and supervised handing over the surrender and clearance check? Apparently you have already affirmed in writing that he ordered handing over of the charge and company property and as per orders in office you complied. While you were pointing out the anomalies, for a peaceful and amicable settlement of the error and unnecessary dispute being created by these personnel, this Astt. HR resorted to coercion and issued threats of termination. You may point out finally to this AVP and try to fetch relief from good offices. If all efforts fail you may approach your lawyer. It shall be appropriate to show all records to your lawyer and let your lawyer structure and draft your representations to AVP and good offices.

Dear Kumar Sir,

Thank uyou very much once again, for such a valuable suggestions and advice. 

Its been nice chatting you.

Best Regards

Krishna

You have posted that:

"But, 39 days of my notice period has been waived off without pay."

You have to establish that notice pay is not be waived off as you have submitted notice of resignation and were willing to serve the notice pay and it is the company whihc has ordered you in office to handover the charge and stop attanding office and discharged you in between while serving the notice period and this action of the company is bad.

In the end let comapny tender notice pay to you.

If it is the pratice of the company educate other employees and let them also excercise their rights.

Form a community of like minded indivisuals and employees and help each other. Spread awareness.

Employee who are aware can not be taken for a ride. Look into the attachment. Manju Saxena has won from SC and taken HSBC to task.

Despite all this remain amiable and carry forward the rapport and goodwill you have formed with fellow colleagues.

Deliver the deliverables and justify each penny of the salary. Support fellow employees.

Employees form a very big vote bank. If employees unite and join hands the state govt. shall also look for their interest. Example is state of HP.

Dear Kumar Sir,

Im now getting a kind of positive response from the company's HR Dept.

Thanks for all the valuable advice provided and I will keep you posted the update.

Once again, Thanks a Ton

Best Regards

Krishna

For the  HR and line management it is like daily chore and they don't mind doing it.

The ill informed employee gets subdued and is taken for a ride.

Employee who are aware and firm can not be taken for a ride.

If it is the pratice of the company educate other employees and let them also excercise their rights.It you help someone you shall get helped many times.The bond so formed last long.

Every memeber of community so formed must understand that no one should act in haste and should remain vigilant while dealing with companies. It is always better to consult elders in the family, competent and experienced well wishers, and a lawyer/law firm,before acting in haste.

Form a community of like minded indivisuals and employees and help each other. Spread awareness.

Despite all this remain amiable.

Dear Kumar Sir,

I will surely forma community of like minded people of working class, who need a strong back up. Will always be thankful to you for the guidance which you have given to me. I will surely help others as well and will ask them to get in touch with you for the expert advice, if any, required.

Best regards

Krishna

Mr. Yogesh Anand has given valuable advice in this thread. Mr. Anand has extended valuable advice and has enriched the forum in many other threads.

Heartfelt thanks to LCI and learned experets/members of LCI.