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Abhishek   12 September 2016

Charges on full and final settlement

Dear Sir,

I have recently left my job in a private company in August 2016. In the full and final settlement I have been asked to pay a sum of INR 2 lacs for a foreign trip that company took me for in May. It was a group trip where many people from the company went. 

The reason being given is that since company has paid for this trip it wants to recover the same as they expected people to stay after such an investment on them. However, I had not signed any bond/agreement with the company that I should have to pay for the said trip.

Also, the trip venue, duration etc were not by my choice but were decided by company management. I need help in understanding if the company can make such claims and what should be the way forward?

Kindly let me know if any further information is needed.

Regards...



Learning

 4 Replies

Kumar Doab (FIN)     12 September 2016

NO employer can resort to blacklisting.

Ther are enough threads at LCI on it.

The trip was taken by company and thus it was Company's sweet will and wish.

You have not signed any document and hence you may not be liable.

Decline to accept the FnF statement, in wrriting and under proper acknowledgment.

 

Kumar Doab (FIN)     12 September 2016

The employer has to mainatain cleanliness and hygiene at workplace.

Can it ask for cost of 'Detergent', 'Disinfectant' from employee!

Approach a very able counsel specializing in Labor/service matters with all docs on record.

 

Nitish Banka (lawyer)     12 September 2016

Look for terms and condition in service agreement, the company can enforce it in civil courts.

Kumar Doab (FIN)     12 September 2016

Querist @ Abhishek,

 

In your own language decline to accept FnF.

 

You may go thru the following and decide.

 

Forfeiture of Gratuity:

 

Section 4(6), Section;9,  Section 13: of The Payment of Gratuity Act

 

https://labour.gov.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

 

Submit FormI under proper acknowledgment and may add that ‘Notice of Determination of Gratuity’ and payment has not been supplied.

 

 

 

https://www.lawyersclubindia.com/experts/Entitlement-of-gratuity-452536.asp

 

 

https://www.lawyersclubindia.com/experts/Non-payment-of-gratuity-557301.asp

 

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=90740&offset=1

 

 

https://www.lawyersclubindia.com/experts/Crs-versus-dismissal-538296.asp

 

 

 

https://www.lawyersclubindia.com/experts/Gratuity-605956.asp

 

https://www.lawyersclubindia.com/experts/terminal-benefits-150726.asp

 

 

Blacklisting by companies:

 

 

https://www.lawyersclubindia.com/forum/Blacklist-by-nasscom-66328.asp

 

 

https://www.lawyersclubindia.com/forum/Company-framing-me-and-threatning-to-take-legal-action-73058.asp#.VJ6X3cIRA

 

 

https://www.lawyersclubindia.com/experts/Blacklisting-in-nasscom-using-nsr-it-pin-514736.asp

 

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=128124&offset=2

 

 

https://www.lawyersclubindia.com/forum/Company-threatening-for-legal-action-after-i-declined-their-79689.asp

 

 

https://www.lawyersclubindia.com/forum/Blacklisting-in-it-industry-108276.asp

 

 

Unpaid Wages is Debt on Employer:

 

https://www.lawyersclubindia.com/forum/Winding-up-petition-by-ex-employees-99326.asp#.VhDKz25-jMp

 

 

 

 


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