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vimal Kumar (vimal.vimal@aol.com)     12 September 2016

Full and final settlement withheald

I recently resigned from a BPO,the resignation was accepted and I served one month notice peroid as required in the contract, .I also got the copy of e-exit on the final working day.Now they are withholdig my full and final settlement saying transition was not completd.

Please advice what has to be done

Thank you and regards,

VimalKumar

 



Learning

 10 Replies

Kumar Doab (FIN)     13 September 2016

Asking,saying, telling are all verbal mode of communication and difficult to prove.

They are saying or they have written to you? If written then what is left in transition according to them?

Arch   16 September 2016

Hi,

I am serving my notice period of 3months with my current organization. I have put down my paper on 24th June'2016 and as per my notice period my last date is 24th Sep'2016. I got my 2months salary however for my 3rd month the HR is saying that I wont be entitled to get full salary since my last day falls on the 24th of the month, hence the last week of the month would be deducted from my salary, I have never come across any policy as such, as I believe that the day we put down our paper our days are counted from then irrespective of what the salary cycle is, hence I request you to please guide me on this and please tell me how to go about it.

 

-Regards,

Archana

Kumar Doab (FIN)     16 September 2016

@ Archana,

What is your salary cycle?

Did you recieve salalry slip of all months?

 

Kumar Doab (FIN)     16 September 2016

Assuming that salary cycle is 1-30 then;

Monthly salary/26*24 = salary for the last month.

Arch   16 September 2016

Its as per their covenience, its ideally from 26th to the 27th but when I confronted them they changed their statement from 1st to 30th.

Kumar Doab (FIN)     16 September 2016

@ Archana,,

Count from DOJ and check if you have corrctly been paid as posted above.

Draw attention to anamoly if any and get it corrcted.

Obtain salary slip of all months.

Arch   17 September 2016

Hi,

I am sorry for the late reply, the payslip changes every month, if am absent, the no of days present and no of day paid changes, for eg: if i was absent for one day then no of days present would be 29 or 30 depending on the month and no of days paid would be the same..the basic pay also changes, it's very goofed up payslip, but i guess from this you'll come to know that the cycle is from 1-30 ideally..

Kumar Doab (FIN)     17 September 2016

If there is leave balance and leave application is submitted and leave is apprtoved, then there is no reason for the leave to be admitted as LOP.

Leave policy of the establishment can not odder inferiro benefits as per State Shops & Estbs Act.It can offr superior benefits. Relate on your own. Take help of elders in the family, employee's/trade union leaders.

Why Basic changes, is not understood!

You can also  write to payroll, HR Head,appointing authority,MD as ask for written response.

 

Transact thru person email or by letter thu Redg. Post.

 

Online discussion have its own limitations.

You may show the payslip to a very able counsel specializing in Labor/service matters.

 

Arch   17 September 2016

First of all they work on Pro rata basis, even when we have 20 leaves in a year we can't apply it together at a stretch say taking a leave for one week, they deduct from the salary and change our basic...its all fraud, basically the Head of Hr himself is fraud their policies change overnight and when confronted, they give us jazz and raise their voice and talk, and this is why am leaving this organization, however what am upset about is that they are not gonna give my complete salary for the last month of my notice period, right from the top head to bottom everybody is corrupted, no policies in place never reply to any mails cuz theyknow it would be documented, so basically its a fraud company and I regret working here for 2years, they also give bad reviews during verfication and make people's  lives miserable, they are not scared of anything cuz for them money talks and they can buy anyone..that's why they are doing this so openly and without any fear.

Now all  I am concerned  is about my pay, as I know nobody can take action against this company, so could you plese help me or guide me on this??

Regards,

Archana

Kumar Doab (FIN)     17 September 2016

The emotional outbursts won't help you.

You have to calculate yourself from date of joining to last working day.

In this period if you are paid less, write as already suggested.

The leave is a matter of record. If you have not worked for whole year then leave may be pro rated.Relate with the Act as already suggested.

 

The labor law that you may go thru are: (Name of your State) Shops & Estbs Act, Payment of Wages Act, ID Act etc

You may show the appointment letter, payslip, to a very able counsel specializing in Labor/service matters.

Do you have record of bad reviews.

You can ask to show personnel file and also request next employer t give a copy of review.

If there are violations your counsel shall find it out and help you.

If you already write about it and you will get the reply.

 


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