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Full & final settlement not done by employer

Page no : 2

Kumar Doab (FIN)     16 September 2016

@ Puneet,

 

Exhaust the internal option of writing to CMD, Chairman, Board on same email trail and attach your FnF as prpared by you and decline to accept the statement of Director.

 

Request to send you the requisite correct FnF statement,payment of FnF dues by bank DD acknowledgment and acceptance of resignation, service certificate, relieving letter, Form16 as per correct FnF statement, acknowledgment of handover of charge,NOC/NDC,PF number and a/c statement,ESIC card( if applicable), by Redg. post so as to reach you in say........................days.

 

 

 

 

 

Kumar Doab (FIN)     16 September 2016

@ Puneet,

As a DGM, you may/may not be covered by the def. of 'Workman' as in ID Act, 'Employee' as in Shops & Estbs Act.

 

You may/may not be covered by the Payment of Wages Act, as per def. of wages in the Actr. This Act does not discrminate between 'Workman'  and 'Non Workman'.

 

Approach a very able counsel specializing in Labor/service matters for a considered opinion.

 

 

Kumar Doab (FIN)     16 September 2016

@ Puneet,

 

Your counsel can opine if you are covered by the above mentioned enactments or not.

If covered you can agitate under said enactments.

If NOT; your counsel may opine;

To file complaint u/s406,420

Civil suit for recovery damages

Winding up petition

 

 

 

Kumar Doab (FIN)     16 September 2016

@ Puneet,

 

You must not forget to emntion that earned wages were not paid on promised day/date for months of..........................despite many reprsentations in office....................and hence you were left with no other option but to resign..............as discussed in office...

 

It shall be certainly better if your reprseentations are drafted by very able counsel specializing in Labor/service matters, so that NO liablity gets fastened on you and your dues are squared off by concocted claims.

 

Hope you have incentive circulars, Tgt Vs Perf. data.

 

 

 

 

suman1975   29 March 2017

Dear Experts ,

As I have resinged form one company on 20th Feb17 and my full & final selltement is due for  1.36 lac which is been on hold by company

As my last working day was 20th Feb17 and from my side OUTLOOK got deleted from desktop on 28 Feb17 ,which was got bloked on 20th itself from IT Dept of  my company , and  so I can not check any mails or steat any data from laptop and , now Company is saying that I have stolen the data from outlook which was bloked on 20th Feb17 itself and got deleted by mistake on 28th Feb17 and submmited to them  on same day.

As per me outlook got deleted from desktop only not form dustbin, programme or not from thier server...which can by redowloaded from the comapny easily and keeping this point they are chasing me for this.

As they are holding my F&F and I have worked in this company for 5 year in two terms and both the time they havr not paid the PF .

What action they can take on me on for such silly issue of outlook got deleted by me and  if they go legal , what is your suggestion sir for this . pl advice and guied me.

Looking for your replay ASAP.

 

With Regards

Shital Kumar

 

 

 

 

 

Kumar Doab (FIN)     29 March 2017

You have posted that:

“my last working day was 20th Feb17 and from me OUTLOOK got deleted from desktop on 28 Feb17 ,which was got bloked on 20th itself on my company laptop and same can be accsed by me

What exactly do you mean: ‘same can be accsed by me OR same can NOT be accsed by me’?

Kumar Doab (FIN)     29 March 2017

If company has leveled false charges, you may deny the charges.

PF; if establishment and employee (you) are covered by PF then employer should provide PF coverage. If covered but employer was at fault lodge compailnt with RPFC.

Either resolve by applying your own skills and requesting the good offices of appointing authority, MD or with employee’s/trade unions or counsel specializing in Labor/service matters.

The authorities that can be approached have already been discussed in this thread.

suman1975   30 March 2017

Dear Experts,

I m waiting for Valueble suggestion and reply...

Regards

Shital Kumar

 

suman1975   30 March 2017

Thank you so much for valuble suggeston ..

 

When shell take action on them ...or shell wait for thier action .....as they are planning to take the legal action on me for deleting the outlook from Desktop.( which is min. case base)

Can we put them case for harreshment case and holding my F&F.

Pl advise.

Regards

Shital Kumar

 

 

 

Kumar Doab (FIN)     31 March 2017

You seem to have submitted explained for the allegation leveled on you.

Does it cost equivalent/more than your FnF wages?

Kumar Doab (FIN)     31 March 2017

Approach:

Inspector appointed under; (Name of State) Shops & Estbs Act

Labor Inspector (State/Central as applicable in your case)

Take help of employee’s/trade Unions

 

Or entrust to your own very able counsel specializing in Labor/Service matters at your own location.

Rahul   05 June 2017

Hi,

i have worked in bank for 10 days but i have resigned after that and when i asked that do i need to come from tomorrow they told me there is no need to come to office from tomorrow and i went away as he said i havent asked for any letter or something and submitted the access card as per asked.

 

after 2.5 year i got the email from bank today asking for notice pay of Rs 16,000. what should i do as i have followed the terms and condition and left the organisation. and it has been 2.5 years from that time.

 

Please Help with your suggestions.

Thank you,

Rahul 

Kumar Doab (FIN)     05 June 2017

@Rahul,

Did you submit notice of resignation or resignation with immediate effect?

Explain the facts, as posted by you, on the same email trail, and ask to close the matter and withdraw the demand.

 

 

 

Rahul   05 June 2017

Hi Kumar Doab,

I have submitted a normal resignation. but my superior asked that i can leave and submit the access card. 

i haven't taken any salary. they are demanding 16,000 after 2.5 year. i don't have any proof that he asked me to leave.

is there any time period fixed for company to ask for fnf as it is 2.5 year now. and what can i do now.?

need your suggestions

Thank you

Kumar Doab (FIN)     09 June 2017

Originally posted by : Rahul
Hi Kumar Doab,

I have submitted a normal resignation. but my superior asked that i can leave and submit the access card. 

i haven't taken any salary. they are demanding 16,000 after 2.5 year. i don't have any proof that he asked me to leave.

is there any time period fixed for company to ask for fnf as it is 2.5 year now. and what can i do now.?

need your suggestions

Thank you

 

What is ' normal resignation'?


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