Borun K Borthakur 09 August 2016

Full and final settlement

Dear Sir,

I was working in a company named L'amar Natural Pvt Ltd ,however the visting card which was given to me read L'amar Health Care Pvt Ltd with designation of Ntaional Sales Manager.

On 29th June'16 ,the MD of the company suddenly rang me up and started accusing me of certain responsibilities without any rhyme or reason ( actually it was a well articulated move to remove me ). Anyway , when the MD realised that she could not sack me on logical grounds- finally said that that my services were no longer required with immediate effect and that she was willing to compensate with one month's severance pay immediately if I mutually agreed to resign, to which I agreed.

In fact , a letter was semt to me stating the same. Now though a month and 10 days have passed since I left the company they have still not settled my Full and Final settlement. The following are due to me to receive from the company :

- Salary of June'16 for 29 days

- Severance salary of one month as committed by the MD ( a written communication is with me )

- Tour expenses which was made by me but which was not reimbursed amounting approx. Rs 35,000/-

In the meantime I have sent four reminders by mail to Accounts Deptt, with copies to HR and MD and the C& FA of Guwahati - but till date I have received no replies ot the settlement.

Kindly advise what course of action should I take as my Basic salary was more than Rs 40,000/-

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3 Replies

Kumar Doab (FIN) 10 August 2016

Did you get appointment letter? Which company has issued it: L'amar Natural Pvt Ltd ,or L'amar Health Care Pvt Ltd? Who has signed it? This MD ?

Is severance pay, notice pay ( by employee/employer) stated in it?

You may post the extarct from letter sent to you? Which company has issued it: L'amar Natural Pvt Ltd ,or L'amar Health Care Pvt Ltd? Who has signed it? This MD ?

Did you submit notice of resignation or resignation with immediate effect? Did you narrtae that you were asked to resign on dated......................by Mr/Ms..................designation....?

Why have you sent copy to CFA? How is CFA involved in it?

You may show all docs on record to a very able counsel specializing in Labor/Service matters?

Borun K Borthakur 10 August 2016

1. The appointment letter was issued by L'amar natuarl Products Pvt Ltd

2. After the Managing Director had a discussion with me on 29th June'16 , they sent me a letter , the excerpts of it are given below :

" Dear Mr Borthakur,

We refer to your discussion with MD of the organisation.

It has been made clear that your service os no more required by the company, and you have been mutually agreed to get dissociated from the companywith immediate effect on severance of one month salary.

You are advised to return all the properties of the company ( if any) in your possession along with NOC from all the stockists which you were covering during your service period at the below mentioned address, lates by July2, 2016.

Address of C&FA given

On receipt of the same we will initiate for your full and final settlement.

Yours Sincerely

Sd/-

Managing Director"

The letter was dated 29th June'16, I had deposited all the company properties on 30th June'16 and the C&FA had sent a mail to the Managing Director acknowledging the same . As regards to NOC I had replied to them that since I as the National Sales Manager was not dealing directly with any stockist ( the same was done through a team of Regional Managers,Area Managers and Territory Sales Executives) , the question of getting NOC does not arise , moreover stockists are spread across Eastern India.

Kindly suggest.

Kumar Doab (FIN) 10 August 2016

This is the usual trick, nothind else.

Has the company ever issued any circular addressed to you/stockist, authorising you to withdraw any stock, cash from stockists, or unauthorising you OR is it mentioned in appointment letter that you need to obtain NOC from stockist.

Moreover it was company's internal obligation if any to investigate and obtian reciepts signed by you froms stockists.

You need to take a stand.

If you are unable to rsolve by yur own skills lean on a very able counsel specializing in Labor/Service matters!