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Sayed   06 July 2015

Fnf not cleared and immediate termination

Dear Expert,

Greetings !!!

I work with hotel industry as a sales proffectional  my salary was 550000/ per month as per the appointment letter, however the company use to disburse 34800/ rs into my account and 20000 the use to pay me out after two to three months of every month post requesting several times and this was not informed and neither agreeed, however the company has not event gave my salary slip till date.

On 30th  may the company immediately requested asked to leave the reason was i was expensive for them,the GM of the company on 31st may(ie sunday requested my password of my laptop via msg) and dropped a resigination leter to the employer  and to all my clients, on june 1st he advised my to write a very simple resigination letter which sohould not even state to clear the dues on a white paper even which i did, to get my cleareance smoothly.

As also promissed by the GM, they will not hold my salay and neither my pending dues and cash pay out of April and full month salary of may ie 55000,howver which is still pending.

On 23rd June i wrote my first email stating to clear about my dues and second email on 29th june and 3rd email on 6th july however there is no response from them.(All were very smooth email)

As per the appointment letter the notice period is one month, however the company immediately said to leave stating i am a bit expensive.

Please guide me /should i proced a legal notice to them.

Regards

 



Learning

 6 Replies

Kumar Doab (FIN)     06 July 2015

 

It is felt that your salary was Rs 55000/ month and not Rs 550000pm!

 

Do you still have the SMS message by which you were asked to send password?

 

You have posted that:

 

“On 30th  may the company immediately requested asked to leave the reason was i was expensive for them,the GM of the company on 31st may(ie sunday requested my password of my laptop via msg) and dropped a resigination leter to the employer  and to all my clients, on june 1st he advised my to write a very simple resigination letter which sohould not even state to clear the dues on a white paper even which i did, to get my cleareance smoothly.”

 

Do you have any evidence that you were forced to resign?

Did you resign with immediate effect or tendered notice of resignation?

Do you have copy of resignation, acknowledgment,acceptance?

 

Did you mention in any of the emails that on dated…………………GM asked you to resign with immediate effect?

 

What is this establishment registered as: Commercial,Industrial?

The Division/Dept./office where you were located last is: registered as: Commercial,Industrial?

 

How many maximum persons are employed in it at any point of time, before and after your resignation?





The Redg Office,Corporate Office of the company, and your reporting office was located in which state?


What was your designation and nature of duties?

Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate?
 

Were you confirmed or under probation period?

 

Does the establishment have its certified standing orders and is your designation covered by it or Model Standing orders apply to it?



Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy, that are mentioned in the appointment letter etc?


How was your monthly salary paid: by cash with signature on voucher (with a copy to you), cheque, DD, in bank a/c etc?


Was any appointment letter, salary slip of each month, PF number with a/c slips,ESIC card,Form16 given to you?


Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?




Are you a member of any employee’s/Trade Unions?

 

Sayed   07 July 2015

Primarily Thanks for Quick Reply

It is felt that your salary was Rs 55000/ month and not Rs 550000pm!

Yes 55000/Per Month

 

Do you still have the SMS message by which you were asked to send password?

Yes

 

You have posted that:

 

“On 30th may the company immediately requested asked to leave the reason was i was expensive for them,the GM of the company on 31st may(ie sunday requested my password of my laptop via msg) and dropped a resigination leter to the employer  and to all my clients, on june 1st he advised my to write a very simple resigination letter which sohould not even state to clear the dues on a white paper even which i did, to get my cleareance smoothly.”

 

Do you have any evidence that you were forced to resign?

Yes it was Saturday 30th may , post lunch there was a meeting with Owner, owner son along with Gm, post review of every one i was informed by the Gm i need to put down my papers, during my review the crust which came out was i am getting expensive from them, the Gm immediately asked for my laptop  and requested to type the resignation, since i was upset i requested him i will do the need ful on Monday  how ever he said ok come and do it on Monday ,but on Sunday ie 31st may  he asked for my  password and rest of the work he did, like typed a handover email and sent  to all the clients .

Did you resign with immediate effect or tendered notice of resignation?

Yes it was Saturday 30th may , post lunch there was a meeting with Owner, owner son along with Gm, post review of every one i was informed by the Gm i need to put down my papers, during my review the crust which came out was i am getting expensive from them, the Gm immediately asked for my laptop  and requested to type the resignation, since i was upset i requested him i will do the need ful on Monday  how ever he said ok come and do it on Monday ,but on Sunday ie 31st may  he asked for my  password and rest of the work he did, like typed a handover email and sent  to all the clients .

Do you have copy of resignation, acknowledgment,acceptance?

No i don’t have any acknowledgement copy of resignation, however on 31st may via What’s app i requested the Gm stating “Sir Afrernoon, do i need to come tomorrow, since i saw an resignation email has been sent from my outlook. and one more thing why you sent my  resignation to tushar idealy it has to go to U.regards’’(since he wrote this email ,in this email he has not marked himself )

Later on through telephonic conversation it was clarified by me, that the Gm has sent an Hand over email to all the client.

Post that he requested me to  Sayed Pls send me ur hand written resignation, U are not required to attend office, Also pls do not ever question my integrity ever again, I think u have no write to even ask me anything, U can come down tomorrow  n I will get it collected from someone. No need to come in.(The all msg was one after in serial order)

Post that still i apologised and wrote a msg via whats app “Don't be so harsh sir, it was just a doubt which i felt and made it clear. ..I ever never meant to question you...Regards”

On june 1st i received and whats app msg “Buddy I will not be able to process ur salary until n unless I receive ur letter. Request to kindly do the needfull at the earliest. Please put 31st may as a date of resignation.

After writing the resignation on white paper as requested by Gm i cross checked with him, is this resignation letter fine with you “ Dear Sir, Greetings i sayed jilani would like to resign from the post of Associate director of sales effective from 31st may 2015. I request you to please help me with me my clearance. Since 20000cash out is pending of April,may & june full month salary and paid leave balance. I too request to please help me with my salary slip.It has been wonderful learning experience with you with the team and management. Is this fine...or any edition need to make.(This conversation too happned on Whats app on June 1st)

The Gm msg :- Sayed u cannot write the cash part here

 Sayed Jilani: Ok

The Gm Msg :- Regarding clearance pls do not write anything

The Gm Msg :- Just resignation short n simple  ,hence i wrote a very simple resignation i sayed jilani would like to resign from the post of Associate Director of sales effective 31st may2015 and it has been wonderful Experiance working with you all.

Did you mention in any of the emails that on dated…………………GM asked you to resign with immediate effect?

Since on Saturday 30th may the Owner, owner son along with Gm were present i wrote an email to all, Email sent details for you.

On 23rd June (To all 3)

Dear Sir,

 

Greetings of the day!!!

 

It’s been now couple of days of my resignation, as requested by the management on 30th of may i put down my resignation, showing respect to all and walked away without any single word.

 

I Sincerely request you to please help me with my clearance, my clearance includes 20000.00 Rs cash payout pending of April, may & June ful month salary and my paid leave balance.

 

Looking forward for yours co-operation.

 

On 28th June (To all 3)

 

Dear Si,

 

Greetings of the day !!!

 

it has been a week of my email, i am still awaiting for revert about my full and final settlement dues.

 

Since our holy month Ramdan is also going on and post we have our festival Idd too i request you to please help me with my clearance soon.

 

On 28th June Only to Gm (Only to Gm)

 

Dear Sir,

Greetings !!!

I request you to please help with my Salary slips of my past months worked with the Suba group Hotels.

Regards

 

On 5th July ((To all 3)

Dear Sir,

 

Greetings of the day !!!

 

Post my resigination i have emailed you on 23 and on 29th June 2015, however i am still awaiting for revert about my full and final settlement dues.

 

i have fulfilled my commitment as advised to put down the resignation, i request you too also do the needful by clearing my pending dues.

 

Regards

 

 What is this establishment registered as: Commercial,Industrial?

For this i have no clue

The Division/Dept./office where you were located last is: registered as: Commercial,Industrial?

 Commercial

How many maximum persons are employed in it at any point of time, before and after your resignation?
 

They have multiple business Logistic, Hotels ,and many more and which is controlled by one person.

In Hotel segment may be 10 people would have been hired pre my resignation, post i am not sure  (Including all Hotels even i am not sure)


The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

Mumbai

What was your designation and nature of duties?
 

My Designation was Associate director of sales.

To build a good relationship with customers

Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate?
 

No

Were you confirmed or under probation period?

As per the appointment letter there was a probation period of three months and post completing the probation period the notice period will be of one month

Please the entire message of appointment letter below

Sayed Jilani Dear Mr Sayed, Ref : Offer for the Post of Associate Director - Corporate Sales.

We are delighted to offer you the position of Associate Director - Corporate Sales.

 The Salary for the position will be Rs. 55,000/- ( Cost to the Company) We would like you to commence employment with us from the 10th July 2014.

Their would be a probation period of three months. After the successful completion of your probation period, the notice period would be one month. You will be working within the Corporate Office, but there would be times that you'll be required to work in our other offices depending on the needs of the business.

 You will be reporting to the General Manager - Sales & your working hours will be from 0930 hrs to 1830 hrs at the Corporate Office.

To confirm your acceptance of this post please sign the copy of the letter as indicated. We really hope that you decide to accept the offer & look forward to working with us in the future. Once again we welcome you to the Suba Family and look forward to have a fruitful association

Does the establishment have its certified standing orders and is your designation covered by it or Model Standing orders apply to it?

I have not understood this Please elaborate more on this.



Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy, that are mentioned in the appointment letter etc?
 

No

How was your monthly salary paid: by cash with signature on voucher (with a copy to you), cheque, DD, in bank a/c etc?
 

34800 in Bank and 20000 Rs as a cash part (No signature on the voucher for the cash part)

Was any appointment letter, salary slip of each month, PF number with a/c slips,ESIC card,Form16 given to you?
 

Yes an appointment Letter was given to me, however not got any salary slip for any months  neither form 16 was given to me.

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Since the resignation was on immediate effect on 30th may there was no proper acknowledgement, infact there was no single time even given to give a proper hand over, however yes rest of the activities/ formalities was done by the Gm on 31st may ie Sunday .


Are you a member of any employee’s/Trade Unions?/ No

Kumar Doab (FIN)     08 July 2015

 

You have posted that;

---“The Salary for the position will be Rs. 55,000/- ( Cost to the Company)”

Has any breakup of CTC been mentioned? IN any case salary slip has to be supplied for each month.

The employer as to submit record of each employee in establishment in various registers prescribed under ‘Bombay Shops and Commercial Establishment Rules’ framed under ‘‘Bombay Shops and Commercial Establishment Act’ for earned wages, wages paid,LWD,final amounts paid etc. You may go thru these and obtain the certified copy from Inspector appointed the Act.

You may also go thru: Bombay Shops and Commercial Establishment Act: Sec38-B,66

The max. notice period as per length of service is 30 days.

Model Standing Orders shall apply if no. of employees in 50 or more and you may go thru Sec13-18…………………. the FnF dues with service certificate should be supplied on LWD in case of termination.

 

---“34800 in Bank and 20000 Rs as a cash part (No signature on the voucher for the cash part)”

Cash paid without signature is no record. It is for employer to prove that all amounts were paid.

 

---“On 30th may the company immediately requested asked to leave the reason was i was expensive for them”

 

This may amount to retrenchment and claim for compensation.

 

Forced resignation is offence and can be termed ‘deemed termination’ and employee would rather be eligible to notice pay…………………..of 30 days in your case.

 

You may consult your employee’s/trade union leaders, labor Law Consultant/Service Matters Lawyer/law firm dealing in Labor/service matters.

Trade Unions in Maharashtra have traditionally been active and effective.

In Maharashtra there are provisions like MACT,PULP,PAMS etc. Your counsels and Labor Officials can guide you further.

 

Your counsels may:

----advise to demand correct FnF statement (showing computation of earned wages/bonus/OT/leave encashment/reimbursements/incentives etc) and FnF payouts by bank DD, service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC, PF number and a/c slips,ESIC card, salary slip of all months etc?

 

---opine that your replies indicate that you would be covered by the def. of ‘Employee’ as in Bombay Shops and Commercial Establishment Act and also as ‘Workman’ as in ID Act and your designation was just a glorified one.

 

---you can approach:

The Inspector appointed under Bombay Shops and Commercial Establishments Act,

Higher officials of Dept. of Labor, Maharashtra

O/o Labor Commissioner

ITO-TDS where you file ITR and CIT-TDS where company files ITR for correct Form16. They won’t agree to amend ITR,Form16 easily, but persist and make them do it and make them bitter taste of your recipe now.

 Civil court

File complaint u/s 406,420

File for winding up petition as unpaid wages are debt on employer

 

It is upto you to contest the forced resignation, to be taken back into employment,agitate for retrenchment compensation, damages, settlement of dues etc…………..

 

Sayed   09 July 2015

Extreeme thank you for the suport !!!

Has any breakup of CTC been mentioned? IN any case salary slip has to be supplied for each month.

There is no break up in the salary. it only says 

The salary for the position will be Rs 55,000/-(Cost to company)

Regards

Kumar Doab (FIN)     10 July 2015

---------------Posted by error, hence Deleted-------------


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