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suresh (marketing)     13 February 2017

My employer is not keen in settling my accounts

Dear Sir,

I was working for a Delhi based company as a National Head, for less than 5 months, & I have now resigned on Feb 1st 2017. I am requesting my employer to release my salary & expenses for the month of Jan, which he is not willing to. I am based out of Bangalore handling business across India. Now my employer has set a condition that i need to handover all the company property - to courier everything to Delhi. The history of this company is what i have heard is they set a condition to receive all the company property & do not settle. I was in probation & not a confirmed employee. I have already sent mails to companys on all the detailed info about the customers, projects etc.

Can somebody guide me what do i need to do to get my settlement.

With Warm Regards,

SS.



Learning

 7 Replies

Kumar Doab (FIN)     13 February 2017

Apparently company has an office in Bangalore.

Has employer asked to return company property in writing?

Prepare list of company property that is allocated to you.

It should not be difficult as you must have signed the acknowledgment.

By the way which company property is allocated to you?

Ask in writing, to name the courier and its local office at Bangalore.

Upon receipt, reply that you shall be handing over to courier, the following assets (mention detail) as advised.

Handover the company property with a list (mention item wise detail e.g; model number) and obtain acknowledgment from courier that it is received in good condition. If you can record video with audio.

Is the company asking to send office furniture also?

Is it closing local office?

Kumar Doab (FIN)     13 February 2017

Do you have copy of resignation, proof of dispatch and delivery of resignation?

You have tendered notice of resignation or resignation with immediate effect?

What is notice period applicable to you?

What is the notice period tendered by you? 

 

What is your monthly salary and its break up?

What is our nature of duties, on record?

How much person report to you?

Do you have any power to sanction (not just recommend) leave/increment/appoint/terminate/appraise/conduct inquiry/issue SCN etc etc etc?

Can anyone modify/amend/cancel your sanction/recommendations?

Has your notice of resignation been accepted in writing?

If yes, what is mentioned in it?

If you can, post the extarct from appointment letter pertaining to resigantion/termiantion/exit formalities.

 

 

suresh (marketing)     13 February 2017

Dear Sir,

Thanks for taking your time off to respond to my query. I had sent in my resignation through Mail, subsequently it is evident that the company has accepted my resignation, asking me for handing over the company property. I have tendered resignation with immediate effect. Since i was in probation period, there is no notice eperiod, unless I am confirmed employee. I have not recevied any resignation acceptance letter. Once i put down my papers after 3 days, i was told to courier all the company property to our Delhi HO. Company property - laptop, lot of my contact developed, which the company wants all the details. I did not have any office. I was into business development handling key customers across India. This company did not have much name, reach in the industry, & I started developing presence & visibility developing business for the organisation. I was in the process of hiring people, but the way my MD started cornering me, or trying to extract more market info from me, i took s backseat in recruting people, because i did not want people who join for me, to undergo humiliation from the management. What i have heard from people who have left this organsisation is that they do not clear/settle accounts of people who resign. This company has more than 20 people, but unfortunately they do not have any PF, I beleive this is an offence.

suresh (marketing)     13 February 2017

I was operating out from my home office.

 

suresh (marketing)     13 February 2017

I had yesterday sent a mail to my MD, mentioning that I shall hand over the company property with all relevant detials, once my accounts are settled, for which i have received a response from my MD that there is no condition for settlement, to take my own decision. I had appointed a distributor over here, & i had mentioned that i shall handover all the things to the distributor, once my accounts are settled, but my company wants me to courier everything to  Delhi. I beleive once i send everything, i shall not get my salary for sure

Kumar Doab (FIN)     13 February 2017

The contacts that you have developed can be cultivated by you after leaving this company also.

I shall suggest that you may avoid erasing the data etc as the laptop may be subjected to technical scrutiny.

You may handover to courier selected by employer under perfect working condition, and under proper acknowledgment.

You have the option to decide if the employer may ask courier to pick up on FOR basis and pack it itself (by courier).

The other points mentioned by you are your personal views and your personal discretion.

Ritesh Maity (Labour Law Advocate)     13 February 2017

Since you have tendered resignation during your probation and there is no notice period as stated by you, and since the company is asking you to handover the charges as well as its property (laptop) etc. it is deemed that the company has accepted such resignation. 

You cannot actually withhold any property of the company on the ground that the company has not paid your dues (salary, F&F settlement etc.) The laptop is the property of the company and you have no ownership over it. If the company does not pay your salary etc. then there is different law and forum to recover the same. 

But from my experience, I can anticipate that if you send your laptop through couerier, the company after receiving it may claim that you have damaged the laptop and will try to adjust the cost with your dues. 

It is advisable that you deliver the laptop to anyone in person and upon delivery you obtain a proper receipt that the laptop is delivered in good condition/ or as it was given to you and there is no damage internally or externally. 


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