Employer not processing complete full and final settlement

Your statements are conflicting………………..and many are not clear!

You have posted that:

1. “I resigned in November 2014 and served 2 months notice period as per the company policy.” “They said as I did not attend office, I wasn't entitled to full salary of December.”

Apparently you did not attend office. Confirm that you attended office or not and from which date?

1. “ Later in November, I got an email from HR saying that I need not come in December and they will process my salary of Nov and Dec in my full and final settlement. I spoke to the HR manager and he said that he will process the complete salary.”

Was you salary for the month of November paid on usual pay day e.g. 7th Dec? Was any salary slip supplied to you for Nov,Dec and all previous months?

1. “ And also I requested them to give November's half salary that they did. “

Why would you request to pay only half salary, while you are entitled to get full salary?

1. “Now, I was expecting my half salary for Nov and full salary for December. I called HR and he said that my full and final has been processed and the amount that they were giving me included half salary for Nov and only the basic pay for December. However, I was asked by them not attend the office as they wanted to save on their system maintenance charges.”

In all probabilities the establishment would be covered by Shops and Estb.Act and it shall decide the notice period, notice pay and rate of notice pay.

What was your designation and nature of duties:::how many persons were reporting to you:::Did you have power to sanction ( or recommend……clarify) leave/increment/appoint/terminate?

You were located in which state? Your reporting office was located in which state?Redg. Office of the company is located in which state?

How many people are employed in it?

How much was your monthly salary?

1. “They are even reluctant to give my Pf and other components for December 2014. Its been 4 months and they seem to not care about it.”

Has the company been deducting PF contribution from salary and has it been supplying the salary/wage slip showing earned wages and deductions,everymonth?

Has it supplied the PF number?

Have you demanded to supply the PF number and PF a/c slips of each year?

Reply to all points pointwise. Resolution of your matter might be possible.

Hi,

Thank you for detailed analysis. 

1. There was a provision of 2 months notice period. So, I attended the office for the month of November and not for December as I was specified by the company HR to not attend the office in December (sort of notice period waiver).  I did not ask for it. They did it because they didnt want to pay for system maintainance charges. I have an email from HR saying that I need not come to office in Dec 2014. 

2. I was informed that I would get my Nov & Dec salary in full & final. But I was suffering from cash crunch in Nov and so I asked them to at least give me half salary of Nov so that I may make both my ends meet. However, I have salary slip for all months except for NOV and DEC.I did not get any salary slip for NOV and DEC. Half Salary for NOV was not paid on time (7th). But paid at a later date. 

3. I requested half salary of NOV as I was having a cash crunch. They told me that I could only get my NOV and DEC salary in my full and final. So I had to request them for half salary to make my ends meet. 

4. I was working with the company as Manager - Web Content team. I reported to Sr. Manager. I had the power to hto sanction leave/increment. I could make recommendations for appointment and termination.  The company is located in Gurgaon, Haryana. My reporting office was Gurgaon, Haryana.Redg. Office of the company is located in Panchsheel Park, New Delhi. There were around 12 employees in my reporting office in Gurgaon, Haryana. My monthly salary was INR 50,002 (without deduction). Deductions included Taxes and PF. they also deducted one-time 7000 for medical policy. 

5. The company has been deducting PF contribution from salary and has been supplying the salary/wage slip showing earned wages and deductions, every month. 

I have been given the PF UAN number?

I worked for 9 months so I did not ask for PF a/c slips. 

They recently sent me a cheque of the incomplete PF amount (41400). I emailed them that I would not accept it and send it back to them. And I had asked them to clarify my complete F&F in 2 weeks. But even after several emails, I havent heard back from them.  

Hi, 

I have an email from them where they have mentioned that they will pay my Nov and Dec salary in F&F. Below is the email:

Dear Saumya,

This is to inform you that as per our discussion your last working day will be 30th of November 2014.

As far as your dues is concern(i.e Nov and Dec 2014 Salary) we will clear it through F&F.

They are still reluctant to pay the full amount. Please suggest what should I do? How to go about sending them a notice? And what are my options if I send them notice? Will they ever pay? I am getting worried about this!

Regards,

Saumya 

You have posted that:

“I was working with the company as Manager - Web Content team. I reported to Sr. Manager. I had the power to hto sanction leave/increment. I could make recommendations for appointment and termination.  The company is located in Gurgaon, Haryana.”

The counsel that has examined all of your docs may stil opine that you may be coverd by the def. of ‘Employee’ as in Punjab Shops and Commercial Establishments Act (Haryana follows it).

Or you can file complaint u/s 406,420,……………………and winding up petition……………….and civil suit.

The legal notice by an a seasoned labor Law Consultant/service matters lawyer/Law firm may drill sense into the heads…………………..

Or may issue statutory notice for winding up petition and other complaints and it may add godspeed.

Otherwise the courts can order to pay.

Consult an able counsel.

@Kumar Doab,

Sir,

I am really sorry, I could not understand the legalities as explained by you. Please suggest if I can seek the shelter of law of the land as per the scenario. Is there any point where I had been wrong legally. And what are my options.

Last time, I sent an email to the company they started blaming that I was not performing and they terminated me. Whereas, it was me who had resigned and I have no emails or correspondence where they say I was not performing. They are doing it to save their money. 

Please suggest what should I do. And how do I go about it. 

Thanks

Saumya Raghav

If you are finding any difficulty in understanding............... consult  elders of your family, show the posts in this thread and then alongwith elders of your family approach …………….IT/ITeS employee’s unions/group/forums/IC/Guild, Trade Unions e.g. CITU/INTUC/AITUC/BMS etc and an able Labor Law Cosultant/Service matters Lawyer/Law firm…………………and proceed further under expert guidance of your lawyer……………….

You have posted that:

-----“I was working with the company as Manager - Web Content team. I reported to Sr. Manager. I had the power to hto sanction leave/increment. I could make recommendations for appointment and termination.  The company is located in Gurgaon, Haryana.”

You should make it clear to your counsels that had power or you were simply a link in the chain of heirarchy to recommend ::::sanction leave/increment/appointment/termination!

If you really had power then you may not be protected by the def. of 'Workman' as in ID Act.

-----"I was employed by a company called Cyber Astro Ltd. as Web Content Manager. "

Such companies are covered by (name of the state) Shops and Commercial Establishments Act.

This Act does not discriminate between 'Workman' and 'Non Workman'.

This Act is known as Punjab Shops and Commercial Establishments Act, in Haryana.

A seasoned labor Law Consultant/service matters lawyer/Law firm may ask you a set of structured questions and may opine you would be covered by the def. of 'Employee' as in this Act or not.

If you are covered by the def. of 'Workman', 'Employe' then the max. notice period would be 30 days as per this Act and Model Standing Orders.

You may download the Act, and Model Standing Ordes from website of Dept. of Labor of your state and GOOGLE and check in it.

-----"Last time, I sent an email to the company they started blaming that I was not performing and they terminated me."

If they have stated so in writing then they have to tender notice pay also to you.

However since the company has already asked you (as stated by you) to remain at home during the notice period therefore the company is liable to tender the notice pay to you................

If you had stated on record (in writing under acknowledgment) that you wanted to serve the notice period then you can claim full salary (not just notice pay @ say.......Basic).

If company adjusts notice pay @ Gross/CTC in cases where it has initiated the termination then it also has to tender notice pay @ Gross/CTC , if it had asked you to remain at home during notice period.

You should issue notice before you intiate legal action.

The actions that you can pursue have already been posted.

If still you are finding any difficulty in understanding............... consult  elders of your family, show the posts in this thread and then alongwith elders of your family approach an able Labor Law Cosultant/Service matters Lawyer/Law firm…………………and proceed further under expert guidance of your lawyer.