Full & final settlement not done by employer

As you can see that, response from your previous post and point-wise reply can change!

That is why it is suggested that one should post full and pointed information.

While you write to good offices of employer cover that you were asked to serve only 10days of notice period, and ask to provide copies of appraisals signed by you, and your manager! In future keep copies.

The Bombay Shops and Establishments Act, 1948

бб.Notice of termination of service.-No employer shall dispense with the services of an employee who has been in his continuous employment - (a) for not less than a year, without giving such person at least thirty days' notice in writing, of wages in lieu of such notice:

https://mahakamgar.maharashtra.gov.in/images/lc/pdf/the-bombay-shops-establishments-act.pdf

You may also be covered by the def. of’ Workman’ as in ID Act and may be able to approach O/o Labor Commissioner.

If you are covered by the def. of ‘wages’ and wage ceiling as in you can agitate under ‘Payment of Wages Act’ and lodge complaint under ‘Payment of Wages Rules’.

All enactments are available at Dept. of  Labor website of Maharashtra.

https://mahakamgar.maharashtra.gov.in/index.htm

https://mahakamgar.maharashtra.gov.in/acts-rules.htm

Employee should acquire skills ; reasoning, persuasion, persistence, negotiations and like any other skill these can also be acquired. Employee should become properly informed and keep access to Employee’/Trade Unions, and a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record.

Discuss with elders of your family, competent and experienced well wishers and resolve your mater in your favor without any blot and loss upon you.

Notice of resignation tendered and notice period served are two different things.

You have not posted in clear words;

- what was the notice period tendered by you or written by you in notice of resignation tendered by you; 10days or 30 days?

-did employer mention in writing that IT is discharging from employment after 10days notice peiod/

Confirm!

Employee should mention clear days, LWD in notice and supply IT under proper acknowledgment.

If you have clearly gone thru the Act, IT does not lay down any notice period for employee.

ID Act does not lay down notice period for employee.

By equitable discretion, in reference to the Act, the same notice period may be claimed as applicable to employee i.e. max. 30days.

You have not made any confirmation about; Standing orders (Certified/Model).

You may check again at your level.

Model Standing Order, Industrial Employment Standing Orders Act , can also be gone thru at the website of Dept. of Labor.

Model Standing Orders; Sec;13,  lay down notice period =NIL,0……. during probation period and 30days after confirmation of service.

Model Standing Orders; Sec;16,  lay down; Service Certificate should be supplied to ALL EMPLOYEES.

Standing Orders are certified on the lines of Model Standing Orders.

If you are not a party to the agreement signed between your employer and IT’s client then T&C of any such agreement may not apply to you.

If the contract between your employer and IT’s client was for 90days and renewed after 90days then T&C of any such agreement may not apply to you.

The leftover part is that based on the communications exchanged verbal or written, you need to affirm to your employer that you were allowed to serve 10days notice period ONLY.

Saying, telling, asked, asking, told….ETC  are all verbal modes of communications and are not on IRRFEUTABLE written record.

Employee should draft all communications carefully, draw attention to T&C , clauses in offer/appointment letter ( provisions of applicable enactments if the need be or situation arises) and minute all verbal transactions carefully and conclude that employer accepted say; notice of resignation before expiry of notice period in private/internal agreement/contract/offer-appointment letter/service rules drafted by IT.

 Go thru the communications (verbal, written) and conclude that you acted in accordance with offer/appointment/joining letter and verbal directions given to you and tendered notice in accordance with T&C and verbal directions and were allowed to serve 10days notice period only so that employer does not square off your dues with notice pay of; say 20days.

You have posted that you have not caused any loss/damage.

You have posted that the allegations of having joined Client Company directly or indirectly is also false and fabricated. Is this allegation made on record; recorded audio/visual conversation, witnesses conversation, meeting or in writing?

You can claim interest on delayed payments.

You may also contemplate damages/compensation, after consulting your own LOCAL counsels, if you wish.. 

You may resolve the matter in your favor either by your own skills, and/or with help and support of elders of your family/competent and experienced well wishers and/or employee’s/trade unions and/or officials in Dept  of Labor and/or a very able senior counsel of unshakable repute and integrity specializing in Labor/Service matters and having successful track record… 

Discuss with your LOCAL counsels and defend your interest. Obtain all docs as discussed. Obtain copy of any adverse/negative comment made on you/your candidature in any instance say; BGV/Reference check…. 

Hi Team Expert

A very good afternoon to you, i have worked for an organisation Registered office Earlier in Gurgaon now in delhi/Amritsar (head office is in Amritsar) , i resigned from the organisation on13th Dec 2017 and served notice period of 6 days, my LWD was 19th Dec 2017 which was accepted by management mutually and i handed over my complete task to my boss/colleague who was asisgned for taking care of the business/call center after me, i got experience/relieving letter and everything, but not my FNF till now, i have spoken to Director/Country Head/CEO as well, everytime i and my colleagues get next date and excuse for not paying dues on said dates, there are employees who are even waiting from last 8-9-14 months for their FNF.

my position in the company was Senior Manager-Call Center and it is a Pvt Ltd Company, they have not even deposited deducted TDS in our accounts(Income Tax Account) till now, which they have deducted in last 9 months from April 2017 to Dec 2017.

Please gudie me where and how to approach, is their any contact number/email id of the concerned person who can help us with the said matter, i have all documents and proofs of the conversation that i had with them regarding FNF, we are 5-6 members who are waiting for the FNF...each of them are having all documents, some of them are VP, Heda of marketting and sales head of site etc.

Hello Everyone,

Please help me with the solution and guidance on the said matter please.

Dear Experts

I left my company in the month of December 2017 and my full and final settlements is not done yet. Though they keep on giving hopes but its almost six month and I see no hopes on getting it despite of writing multiple mails.

Please suggest what action should I take in order to get my entire dues.

Thank you.

Regards

Shruti

i am  an employee of pvt ltd company at hyderabad. i have submitted the resignation due to critcal illness of parents.Later management have suggested me to take the 3months leave instead of resignation. i have accepted and took 3months leave.my parents have not recoverd in the 3 months. so that i have decided to submit the resignation. so i have given the resignation mail to HR,VICE PRESIDENT AND and my Reporting head from my gmail that iam not able to serve thenotice period since my presence is required take care of my parents so kindly accept my resignation . they have not given the reply and i have re sent the same mail after few days. Even they have not replied.and after few days again i have sent the same mail still i didnt get any reply. now i ma trying to withdraw my pf and there is requirment of Exit date in pf portal to withdraw the money. In this regarding i have given several mails and telecoms and messages requests  to concern HR department.but they are not upadting exit date in pf portal.

Pls help me,what steps and rights i have resevred to take action against employer.