chints 23 August 2015

Please help - company not releasing last salary and f&f

Hello ,

I had resigned from ex-company in Gurgaon after serving the resignation and notice period and my last working day with them was 31st March 2015. I was in the sales department in their Gurgaon office.

Till today I havent got my F&F. The company is using the pretext of very old (more than a year and half old ) sales outstandings pending under my account, to not release my F&F.

While leaving, I had got the clearance certificate from all departments including finance, accounts, HR, IT and also sales people to whom I had given over the handover.

Also, there were mails from superiors in response to my resignation mail addressed to the sales person who was taking the handover from me asking if I had given the handover to him properly or not. The successive sales person had replied in the positive.

Please help as to how I can get my F&F cleared . Its been really long and the F&F amount is substantial for me.

Regards

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2 Replies

chints 23 August 2015

Hello All,

Adding to my earlier query:

The company has issued the Form 16 to me in which it shows full salary for the entire year paid and tax deducted. Including for the month of march 2015 . But I havent got the salary , neither the F&F but the tax has been deducted as shown in F&F. But F&F not recieved by me yet.

Kumar Doab (FIN) 23 August 2015

The Sales Bill is generated by the company in the name of customer and customer is liable to pay. The company can call back the stock or proceed to recover the stock/payment thru legal means. The issue of outstanding payment is between company and customer. Don’t accept any liability in writing or on recorded lines.

All other documents mentioned by you seem to be in order and merits seem to be fully on your side.

Discuss with elders in the family, competent and experienced well wishers, and visit alongwith them the employee’s/trade union leaders e.g. CITU/INTUC/AITUC/BMS etc , able Labor Law Consultant/Service Matters lawyer/Law Firm ………………………………..and submit final demand under proper acknowledgment (preferably thru Redg. Post) to good offices of appointing authority/MD/Chairman and demand to supply by Redg. Post only so as to reach you say in next 3 days; salary slip of all months, correct FnF statement, payment of FnF dues as per correct FnF statement by Bank DD only or in cash, PF a/c number with a/c slips of all months, ESIC card, service certificate, relieving letter, acceptance of resignation etc……………………….You must mention that you have rendered meritorious services (and no show cause notice was ever issued to you) and mention awards/rewards etc……………and then approach:

Inspector appointed under (Name of the state) Shops & Commercial Establishments Act, if the establishment/Division/office where you were posted, is covered by the Act and you are covered by the def. of ‘Employee’ as in the Act. This Act does not discriminate between ‘Workman’ and ‘Non Workman’……………

Inspector appointed under Payment of Wages Act (if wages as per def. of wages in the Act are upto Rs.18000/pm).

O/O Labor Commissioner; if you are covered as “workman’…………………and your counsel may opine that you are covered.

Higher/Highest Officials of Dept. of labor of your state...............

Inspector Income Tax where you file ITR and CIT-TDS where company files ITR

Your counsels may opine that you can lodge complaint u/s 406,420 and file ‘winding up’ petition, civil suit for recovery etc.