Siddharth (Manager) 11 December 2013

Full and final settlement

Dear All,

I served one of the organization in Mumbai for almost 4.5 years. (Jan 2008 to May 2012). Due to personal reasons I resigned and joined another company. My resignation was accepted by Sr VP - Sales & Marketing and I also served complete notice period. I also visited for couple of days for handing over and other things.

I left in very positive way without any issues. However since I had very good time in company and very good repo with management I did not follow up with them for the settlements for first 5-6 months considering that it should be done soon. I was also assured by HR at the time of leaving that my settlement will be by June or July (i.e., within 1 or 2 months maximum).

However as I did not receive any communication from them I started following up with HR in good gesture and this process follow up went till further 3-4 months but nothing happened. HR always ended up saying that they will talk to management to expedite. However towards end HR mentioned that nothing is their hand and I will need to talk to Sr. VP -Sales and Marketing.

Then I started sending emails to HR and VP- Sale but I never got any response. Finally I started calling Sr VP sales on his mobile which he never bothered to pick up. After that I started sending SMS as follow up but I still did not receive any response. I am still not sure why my settlement is pending and why people are not responding.

Finally after talking to few of my friends and other people I decided to file complaint in Consumer court. So I messaged to Sr VP Sales saying that as I am not getting any response from you or any one in the company I will take legal action. Here is the first time I got his response SMS saying that I should not take any stupid steps but I need to politely request to the CEO of the company for my settlement. (I still dont understand that I joined that company as management trainee and resigned as Asst Manager, then why my case needs to be settled by CEO as there were no issues during my employment and also company never highlighted any of those till now which proves the same).

After this SMS I started sending many emails to CEO highlighting this issue and I still did not get any response. I also sent him an email giving a notice of filing the complaint in consumer court but he still did not bother to respond.

I am not sure how should I get this thing done. My settlement, service letter, EPF money, last month salary, leave encashment all are pending and they are not talking about it.

I would request for all your advice to move ahead and what action to be taken.

Thank you so much.

Regards,

Siddharth

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3 Replies

BAALASUBRAMANNYAMM (Advocate) 11 December 2013

Too long query. Make it simplify.

Kumar Doab (FIN) 11 December 2013

You have given very long rope to this employer.

The limitation period in your case may be 3Years.Act now.

The matter is not a consumer complaint.

You have completed the handover and thus nothing should be due to be done at your end. Hope you have the copies of acknowledgment of handover.

Employer should provide acknowledgment of notice of resignation and issue the guidelines as per wishes of employer on exit formalities, and thereafter should provide acceptance of resignation, work experience/service certificate, relieving letter, FNF statement for verification and acceptance by employee, payment of FNF dues/wages, form 16 as per correct FNF statement, PF number/account slips of entire tenure of service/attested copies of PF withdrawal-transfer forms, Notice of determination Gratuity, NOC/NDC...........................................etc

You may narrate each representation made by you till date by SMS, phone calls(including unanswered ones), emails, letters, in person etc {Mention names, designations, name of company, address, phone numbers, email id’s, dates, brief minutes of discussion.......................} and demand that all of these documents and payments ( as per CTC etc) by bank DD only be supplied by redg. post only and you may add that postage prepaid, self addressed envelope is attached herewith for sending the redg. post to you, so as to reach you within next say 7 days.

Looking into draft of your post it shall be better if you consult elders in the family, competent and experienced well wishers, lawyer/law firm and structure your representations in consultation with them.

If the establishment is working 5days/week and if you have served it for 190days in 5^th year then you should be eligible for Gratuity also. Since the employer has not supplied Notice of determination Gratuity you may submit FormI.

For PF you may submit PF withdrawal to past employer/transfer forms thru current employer preferably by redg. post under proper acknowledgment and obtain POD from PO also. It shall be better to keep the PF a/c regular and be eligible for pension from EPFO. If you withdraw you may loose a portion of the funds.

Leave encashment etc shall be computed in FNF statement/settlement and employer should have supplied correct FNF statement for verification and acceptance.

Last month salary: The time and day of payment of wages is fixed and the employee can lodge a compliant the minute wages are not paid and delayed even if by a day. The employer can be fined Say Rs.7500/per instance..............................

If the employer has not paid the salary it might not have paid the PF, ESIC, TDS too.

Employee can approach:

-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include theHR personnel, Manager Finance, appointing authority and MD in list of noticees............

Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................

Your lawyer may ask you a set of structured questions and may opine that you are covered.

Your lawyer may even opine that the relationship was not that of employer-employee and you need to proceed for recovery of dues.

-Trade Unions/ Employees Unions: They know precise ways to handle such issues

-Inspector under Bombay Shops and Commercial Establishments Act;

-Inspector under Payment of Wages Act( applicable to all employees drawing wages as per def. of wages in the enactment up to Rs.18000/pm) :: The period to lodge complaint with Inspector under Payment of Wages Act is 1Y however to condone the delay is pleasure of the authority.

-RPFC, Addl. CPFC n the state, CPFC......................for PF

-Jurisdictional ESIC Inspector, for ESIC

-ITO-TDS where employee files ITR and Jurisdictional Cit-TDS where employer files ITR

-o/o Labor commissioner

-Civil Court.

There are threads to suggest that employees have been contemplating to lodge criminal complaint u/s 406,420..................

And to approach employer as creditors treating unpaid wages as debt on employer.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

Approach your lawyer. The lawyer that has seen all of your docs and has analyzed the inputs can advice you the best.

Attached File : 32736971 the bombay shops establishments act.pdf downloaded: 182 times

E A MURUGAN (advocate) 12 December 2013

dear brother

First point whether you are a worker under industrial dispute act or not, Further what is your designation and epf and esi number. Please send to me your epf and esi number so as to give my openion

by ea murugan

Advocate for labour law

9842763303