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T R Nagesh (Executive Medical Transcriptionist)     29 September 2012

Bonus/final settlement

Dear Learned Gentlemen:

 

I am a Medical Transcripttionist working for an MNC in Bangalore as a Home Transcriptttionist from Tumkur.  I have not been paid the Statutory Bonus for the last 4 years.  My gross salary is Rs.13,000/= PM and Basic+DA is Rs.7200/= PM.  Please be kind enough to let me know if I am eligible for statutory Bonus.  If I am eligibile for the bonus, please let me know how should I proceed legally.

 

Further, I had submitted my resignation for my job on 25/8/2012 and they called me for a discussion and convinced me to continue with the job by giving some promises, and I withdrew my resignation.  Later, they did not fulfil the promise, and I again submitted my resignation on 25/9/2012.  Now, when I spoke to them today (29/9/12), they told me that they have accepted my earlier resignation dated 25/8/2012 and will be relieving me on 30/9/12.  They have not informed me of this in writing or through any other mode of communication.

 

Further, please let me know if I can take legal help to recover my dues even after my getting relieved from the job.  I have this doubt because they will ask me to sign a letter while relieving me that "this will be full and final settlement" to be received by me.  I just want to know if I can take the company to court even after signing a relieving letter with such a clause.

 

Your immediate responses are most welcome and will be of great help for me because I am getting relieved on Monday, October 1, 2012.

 

Regards,

T.R. Nagesh



Learning

 11 Replies

V. VASUDEVAN (LEGAL COUNSEL)     29 September 2012

You are entitled for statutory bonus. Please write a simple letter claiming for the bonus. In case not paid, write to the Labour Officer, Bangalore. 

Vasudevan

T R Nagesh (Executive Medical Transcriptionist)     30 September 2012

Dear Sri Vasudevan Sir:

 

Thank you very much Sir for your response.  Further, I request you to kindly provide your opinion that am I entitled to claim any due from the company even after getting relieved from the services through legal assistance or otherwise.  I am having this doubt just because they will get my signature to the final settlement papers which will naturally contain the phrase "full and final settlement."  Can I claim my dues after signing such a letter.

 

Thanks n Regards,

T.R. Nagesh

T R Nagesh (Executive Medical Transcriptionist)     30 September 2012

Dear Sri Vasudevan Sir,

 

Thank you very much Sir for your response.  I request you to kindly provide your valued opinion whether I can claim any dues from the company even after getting relieved from the services.  I am having this doubt because they will get my signature to the papers which will contain the phrase "....... towards full and final settlement of your dues."  Is there any way for an ex-employee of a company to claim his dues after getting relieved from the services by legal help or otherwise.

 

Thanks n Regards,

T.R. Nagesh

Kumar Doab (FIN)     30 September 2012

Mr. Vasudevan has given valuable advice.Kindly follow it.

Employee can contest on his own or thru lawyer, trade union, representative.

Procedure at Labor Office are simple.If company is at fault comapny shall have to pay.

If FNF statement is not correct you should write to the company under proper acknowledgment thru redg post { without enclosing the original FNF statement and copy may be enclosed} that FNF statement is not correct and is not acceptable, demand to supply you the correct statement so as to reach you say within next .........7 days.

Did the company call you for a meeting in writing, and did you submit minutes of meeting under proper acknowledgment?

Did you submit withdrawal of resignation under proper acknowledgment? Did you mention that with reference to the meeting and call of the maangement to withdraw the resignation, you are withdrawing your resignation? Employee can withdraw resignation before it is accepted. It is felt that company must not accepted the withdrawan resignation.

 

If you do not wish to agitate on this you may count notice period from 25.09.2012 and may agree to accept notice pay towards balance notice period  from  dated 01.10.2012.

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. Designation alone does not decide employee is a workman or not.

Confirm if standing orders were applicable to your industry and company and did the company extend these to your designation. If standing orders were applicable and were not formed by your company model standing orders shall apply. The situation expressed by you and bond may be in violation of standing orders of the company.

As per standing orders Act Company should provide service certificate and pay the FNF wages on last day in office.

The standing orders are to be displayed at notice board and should be supplied to employees at nominal charges. You can peruse the RTI route and request the PIO at concerned o/o Labor Commissioner {location: redg office or Corporate Office of the company} to supply you the certified copy of the certified standing orders of the company. Model Standing orders may be posted at Dept. of Labor website of your state.

It shall be appropriate to approach  a competent and exeprienced labor consultant/service lawyer, well versed with such matters, show all documents and give inputs in person, and let your lawyer evaluate the merits, and suggest appropriate forum if the need be.

 

 

"Can I claim my dues after signing such a letter." Your claim may not have force and may be weak.

You have submitted your resignation dated 25.08.2012 and your date of relieving set by company is 30.09.2012.

Waht is the notice period and effective date of resignation/lastr day in office mentioned by you in your resignation?

Valuable advice of learned experts/members is sought.

V. VASUDEVAN (LEGAL COUNSEL)     30 September 2012

You can get your entitlements either by escalation with the senior management or writing to the Labour Officer/Inspector - You can meet them for assistance. However, if you are going to sign of a full and final settlement, it would hinder the process. Your legal rights to the statutory bonus will not be impaired by any settlement.

Vasudevan

T R Nagesh (Executive Medical Transcriptionist)     30 September 2012

Dear Sri Kumar Doab Sir:

 

Thank you very much for the valuable suggestion, very kind of you.  The problem arose because during the period of May through August 2012, there were no jobs for us to work, and I work as a home medical transcripttttionist from Tumkur.  We are expected to meet some target production on a daily basis (for example 700 lines in a day), and if we do not meet the targets on a daily basis, we won't get the attendance.  When there was a "no-job situation" in May and June 2012, my team leader gave the attendance, and I had no problem in getting salaries for those 2 months.   I was put to a different team with a different team leader from July 2012.  This new team leader is very arrogant and he refused to give the attendence for July 2012 as I was unable to meet the targets because of the nonavailability of jobs.  The same no-job situation continued during August 2012 also, and I also lost interest because of this type of treatment  I was called for the meeting over phone by the HR during first week of September 2012.  I attended the meeting on 5/9/2012 and  spoke to the management consisting of my production manager, HR rep, and a senior produnction manager.  They convinced me to withdraw my resignation and assured me that such situations will not come up again and they put me into a different team.  About my salary issues (for July and August 2012), they told me that they would consider the matter sympathetically and do whatever best they could  (they assured me off at least 1 months' salary).  They sent the minutes of the meeting by mail to me which contained issues related to production, and they cleverly did not mention anything about the salary dues.  Then, after waiting for some time, I again approched HR and managers, and they told me that it is not possible to pay salaries for July and August 2012.  They I submitted my second resignation.  In the minutes of the meeting, they have mentioned theri happiness to retain me.  I am having copies of all the emails.  Now I got the message that they plan to relieve me on 30/9/2012.  I am going to argue that it is not acceptable and if the company wants to relieve me I should get all my dues inlcuding July and August 2012 salaries, my bonus outstanding, and 1-month salary towards the notice period.  The terms of appointment is that either party should issue/serve a notice period of 1 month.

 

I just want to know if I take legal assistance to sort this issues out, how much time it would take and will it affect settlement of my provident fund.

 

Thanks a lot, Sir,

 

Sincerely

T.R. Nagesh

T R Nagesh (Executive Medical Transcriptionist)     30 September 2012

Dear Sri Vasudevan Sir,

 

Thank you very much for all your guidance.  I shall not sign the FNF statement unless I am sure that all dues are settled.  Please let me know, can I ask them for a copy of FNF worksheet in advance by mail/courier before meeting them for getting relieved.

 

Thanking you Sir,

 

Sincerely,

T.R. Nagesh

Kumar Doab (FIN)     30 September 2012

Your appointment letter, terms of appointment should be seen.

Even a trainee or apprentice should not be employed /kept in employment without wages.

You have posted that:

--“We are expected to meet some target production on a daily basis (for example 700 lines in a day), and if we do not meet the targets on a daily basis, we won't get the attendance.”

The work is to be obtained from market by employer and assigned to employee.

If you are permanent employee in your kind of arrangement of employment, you present everyday until or unless employer has asked you to mark online attendance.

It is felt that if you hold your ground well employer can not declare you absent, and ineligible for salary.

As far as assignment and completion of work is concerned you must be having the full record of work assigned to you, work done by you, and that should suffice.

If employer has issued any instruction that on day of no work assigned to be completed from home, you have to be at………office at address………and mark attendance in register/online……it shall be difficult to state that you were not eligible for salary.

 

--“I was called for the meeting over phone by the HR during first week of September 2012.  I attended the meeting on 5/9/2012 and spoke to the management consisting of my production manager, HR rep, and a senior production manager.  They convinced me to withdraw my resignation and assured me that such situations will not come up again and they put me into a different team.”

You could have submitted the minutes and statement of HR and all. Company and its HR has accepted its fault as per notes posted by you.

 

 

--“In the minutes of the meeting, they have mentioned theri happiness to retain me.  I am having copies of all the emails. “

This amounts to non acceptance of resignation and to keep you in employment.

 

--“I just want to know if I take legal assistance to sort this issues out, how much time it would take and will it affect settlement of my provident fund.”

PF is covered under social security and once PF number has been issued to you employer is duty bound to deposit the contribution in time. Employer has no control on the funds. Employers are known to play tactics e.g. delay to attest and submit forms for transfer/withdraw from PF, with the concerned o/o of APFC. However employer has to submit forms within 5 days, and PF office can impose penalties. You may submit PF forms which you can obtain from local o/o of APFC, by redg. post to appointing authority and request that acknowledgment in original issued by PF office should be supplied to you by redg. post only.

It is difficult to say how much time it shall take.

If the company is sensible it would not like to be penalized and may pay on your representations only. It shall be appropriate to show all documents, give inputs in person and seek advice of elders in the family, competent and experienced well wishers, lawyer/law firm to structure and draft your representation to suit you in the long run.

Company may yield on getting a legal notice.

Company may yield on receiving the demand notice, during conciliation proceedings.

Or the matter may be referred to court.

Your lawyer shall be able to advice you better.

 

After having prepared all notes and having submitted the representation you may meet the labor Inspector in person. Company may not like to offend the law and be penalized and earn bad publicity.

 

Praveen P (Assistant Manager)     13 October 2012

Dear Sir,

My name is Praveen P currently working as Assistant Mgr with ICCS. coming from a BPO industry i got an oppurtunity to work with WLCI-College Noida. I joined on 19 May as A.M Operations. i went on leave for 7 days in the month of July. Suddenly i got a call from my senior that company has taken decision not to continue my services & asked me to resign. I came to office on 28July & presented my resignation over email to Mr. Shashank & Col. pushkar-CEO. I was told by senior mr. shashank that the salary of 22-23 days will be released with next month's salary.

As per my knowledge when its a "ASKED TO Leave" case the company cannot delay the salary. so i waited till 14th august 2012 to get my pay cheque. once i went to collect chq on 14th i was told i had resigned & that company rule is if I resign i need to  give back 2 month salary back to company. Once i told Hr that i did not resign with my wish & i was asked to resign, then he said do the F&F formality & salary would be released after 45 days which i thot was totally wrong. i told the person that i was asked to leave/resign even then i did all F&F formality but now its been over 60days that i have not got salary. whenever i call the company board line to connect to HR or Accounts either the extension never answers or told that wait some more days. No one give me contact details of HR team

this is to bring in notice that i am 85% physically challenged by birth based in delhi with no support & middle class fmly person who always has need for money to meet my medical expenses. even i cannot afford lawyers on pay.

Kindly confirm how to proceed & also request if any compensation other that 22-23 days salary can be availed as i feel i had to undergo a lot mental stress too by such kind of bad not responsible nature of work shown by company

also i had sent an email of request to GM HR - Mr. Pronoy Dutt & Co-founder of college- Ms Malobika sengupta for immediate intervention.

Kindly suggest

Waiting for reply

Praveen

T R Nagesh (Executive Medical Transcriptionist)     13 October 2012

Dear Praveen:

 

I am an employee of an MNC in Bangalore and I too have some labour-related issues with my company, and I am not a legal expert.  Please post your querry to the legal experts on the forum, and I am sure, they will help you out with their valuable suggestions to sort out your problem.  I hope and wish you get suitable suggestions by the experts which would help you to come out of your present situation and relieve all your worries.  Once again, I wish you all the best.

 

Regards,

T.R. Nagesh

T R Nagesh (Executive Medical Transcriptionist)     17 June 2013

Dear Learned Members,

 

I approached the Labour commissioner, Bangalore, for the issues of nonpayment of 2 months' salary, statutor bonus for 6 years, and lesser basic pay and other allowance in accordance with the cost of living prevailed throughout my service of almost 10 years.  The Labor commisioner sent notice to the company and we attended about 3 hearings.  The Company was adamant to maintain that they have paid whatever is due to me and are not entitled to pay anything.  In the last hearing, the Labour Commissioner also expressed the limit of his jurisdiction and advised me to take the matter to the Labour Court.  Now, my sincere request to you is to please advise the future course of action to be taken by me.  I do not know how long the case might drag and the possible fee that an advocate might charge.

 

Thanking you in advance, in anticipation of your valuable advice,

T.R. Nagesh,


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