Dues not settled after resignation

Dear Daniel,

If the Company officials are not listening to your request you have to send them a legal notice and then file a complaint for the labour Tribunal against the company.

You may call on 09324538481 for further assistance.

Regards 

Sir,

Thanks for the advise. I will be in touch with U.

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

You have posted that :

--"I was forced to resign immediately" "I was told to submit my resignation mentioning as irregularity".

If no irregularity was committed by you, you should not have signed a dictated resignation. You could have withdrawn the resignation. Forced resignation is deemed termination.

Did company ever level any charge and issue stinker/notice/show cause notice/legal notice and conduct any enquiry?

Natural justice is denied and resignation is extracted within walls of the office of the company.

It is felt that the company and its officials might have inserted documents suitable to them in your personnel file and since grave charge (of irregularity) is mentioned company may not settle you’re a/c easily and may not grant reasons in print.

The adverse comments posted in your personnel file (if any) may affect you in future.

You may request the company in writing under acknowledgment to let you examine your personnel file and ask for an appointment in writing. This communication can prove to be useful at appropriate time in appropriate forum.

It is felt that company has not supplied the FNF statement to you.

--“The only reply I get is that “we will settle shortly"

Is this reply issued in writing?

In a given situation employee can  invoke the provisions of Industrial Employment Standing Orders Act, SE act applicable to the state, Payment of Wages Act, ID act as per explanation of employee under these enactments or approach civil court.

The termination is initiated by the company (by extracting resignation) and ideally company should have handed over the due documents and payment of dues e.g. FNF statement, FNF payment, acceptance of resignation, work experience/service certificate, relieving letter (chances are low for this), form 16, NOC/NDC, attested copies of PF transfer/withdrawal forms, etc by now.

It may not be surprising if the company produces some document labeled as enquiry report, statement of co employees, superiors and claim that loss has been caused by you.

It is important to obtain the stand of the company in writing. Therefore if you are not able to succeed with your efforts you may approach a competent and experienced service lawyer and submit structured communications addressed to good offices of your appointing authority, MD, CEO, Company Secretary , narrating the incidences and all representations made by you so far in person, by phone, by email etc. with date of each representation. It is felt that you should mention that resignation was extracted under coercion however you may kindly decide in consultation with your lawyer if you want to mention that resignation was forced resignation. Your lawyer may firm up the strategy as per inputs given by you. Be honest with your lawyer. Your lawyer may prefer to issue legal notice.

Sir,

Thanks for the advise but need further clarification to the queries.

I was working in a leading reputed Food industry as QA/ Tech.Production Officer. I have served this company for 29yrs. Recently, end of May ,I was called unexpectedly at EO Bangalore. On reaching they started enquiring about some irregularities taken place with my Boss and Unit head. When I did not give any clues or evidence, they threatend me to terminate or else resign.The only mistake done was I had given references of Food manufacturers of one similar product manufactured by my Co. to the outsourced sales person.These sales person took the advantage and started selling the product to the same dealers. When they were enquired,they in writing my name mentioning that i had provoked them to sell. Ultimatetly telling that have violated Cos code of conduct.

Hardly 5 months were left for retirement. I was told to resign immediately.

I have mailed several times and got the reply thru mail that F&F will be settled early next week from VP HR EO.

Now kindly advise how to proceed.

Daniel P Jogal

Hi  My name is Meenakshi i live in Delhi. I just wanted to share my story & get  feedback or suggestion so that i can take step against my employer , i m an employee of travel trade i worked with travel agency for 2.5 yrs gave my 100 % to the company was handling international all work , in April 2012 my appraisal was due but due to company or management delay no body got it on time in June i got good job opurtunity so i planned to moov, as per the rule our appraisal was due from April 1 , However we got it on 12 JUL & i Resigned on Jun23 , My concern is that i should get my appraised salary for April & may As it was delay from the management side , even my friend resigned on 23 Jun they are also refusing her appraisal

However my company is saying that  they will not consider my appraisal as i resigned before the letter came I.e Before 12 Jul

So please advise me what next step should i take i have worked so hard in that organisation & even waited for my appraisal letter for 2 months i.e April & May

Thanks

If you were asked to choose out of termination and resignation and were not allowed to leave office till you handover resignation or receive termination order and you decided to tender resignation language of which was dictated to you by company officials within office premises, you should have consulted the lawyer immediately and should have lodge a complaint. You could have walked out without a blot and without any compromise on terminal benefits.

VP-HR has taken lot of time. It is felt that it is not without a reason.

You have worked for 29 long years. You may apply your resources in company to find out what has transpired and what has been inserted in your personnel file. Is the company or has the company conducted an enquiry or investigation by itself or any agency?

If yes you shall be on the hook.

It is felt that you mat extract in writing what is the treatment of your terminal dues.

If you have decided to not to agitate and come out clean from charges and company is willing to settle your dues, and is not conducting any enquiry/investigation, and the delay in settlement is the only punishment, you may apply your judgment and take a call on this. You may apply for PF withdrawal (thru redg. post and obtain acknowledgment of forms by comapny even if by email), submit form I to employer with a copy to Controlling authority for gratuity, and obtain copy of reply of company. The treatment of gratuity may be a litmus test.

For FNF dues you may write to good offices of your appointing authority, MD, Company Secretary with a copy to head-HR/VP-HR and ask to set out a date finally.

It is reiterated that you may approach a competent and experienced service lawyer as ap with all documents and give details in person and proceed under expert advice.

@ Meenakshi,

Kindly always initiate a new thread.

Has the company appraised for period starting from April, 12 and has the company paid arrears from April, 12 to all appraised employees?

All affected employees may unite and be witness to each other and agitate with full force. If the company senses that you shall not relent it may pay. You may cite company and concerned HR personnel have breached the trust.

In a given situation employee can  invoke the provisions of Industrial Employment Standing Orders Act, SE act applicable to the state, Payment of Wages Act, ID act as per explanation of employee under these enactments or approach civil court.

You mayy aproach a competent and ecperinced service lawyer and show all records and give inputs in person. Your lawyer shall finalise the strategy after evaluating the merit. If you are vstaisfied you may proceed.

Hi Kumar

Yes the company has given arrears for April12 /May 12 to current employees , but repusing to pay Us the arrears as we resigned before managment had a meeting about appraisal , i dint serve notice for a month though i gave my 1 month salary to the company i.e for the month of june...

Thanx 

Meenakshi

Since you did not serve notice period you have tendered notice pay in lieu of notice period.

However if there is no condition of notice period and notice pay in lieu of notice period in your appointment letter you may have a reason to agitate.

In the other case the only option is to agitate and somehow bring the company to negotiation table and press for granting arrears. The company might be taking rigid posture now and may relent later. All depends upon how much pressure you can exert on the management. Management was duty bound to conduct the appraisal in time.