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Kumar Kumar (Software Engineer)     04 September 2013

Legal assitance to proceed further on non settlement of f&f

Hi,

 

I worked for Magna InfoTech Pvt Ltd, Hyderabad for more than a year. I resigned from Magna Infotech in the month of June and got relieved in the same month.

When I asked for my F&F after 30 days, they gave me a shock that F&F will be done only after 90 days. This condition/term no where mentioned in the signed offer letter and when I brought this point with them they simply escaping with the words, it is as per pre-defined terms and explained during the Induction. No one gave me induction from Magna InfoTech, because I directly reported at Client location on the day of joining.

Now, its more than 80 days finished, I just had a conversation with them about my F&F because I want to remind them to get it done by 90th day. Now, they are asking me to wait for another days, 100th day it will be done. Note: I have no dues to the company, got my experience letter also in June.

 

I want to proceed legally on this, because no one should suffer like me in the future with this company. Can anyone please suggest me, is there any rights to companies to hold the employees money for more than 90 days? If so, please suggest me is as per which law.

 

In case, holding the employee money more than 45 days is against to labor law & service, please suggest me how to proceed legally on them. I want to file a case against them.

 

 

Thanks



Learning

 3 Replies

Kumar Doab (FIN)     04 September 2013


It is believed that this is an IT/ITeS/BPO company.

>>>>> Such companies are covered by Shops and Commercial establishments Act of the state;

e.g.;

ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988

This enactment should be available at the website of Dept. of labor website of state of AP.

You may go thru section 35, 36, 38, 48, 49,

And

47:3 (ii) and demand service compensation………..too.

The day for payment of FNF wages is usual pay day.

The response given by HR to you is usual stupid response which such HR personnel give to one and all.

The rules and policies are in printed version and are approved/certified copies to be circulated to employee and kept in knowledge domain of the employee. 

Gossip and rumor can not be rules and policies.

If employer asks/instructs/orders its subordinates in HR to follow illegal and unlawful practices then HR personnel has to decline to follow illegal and unlawful orders of its asters than to indulge in illegal and unlawful practices, eve if these HR personnel may loose their job by doing so.

Such HR personnel would litter nuisance in all companies wherever they work…………

They are not fit to be left to loose around in civilized society.

If their masters have ordered their illegal actions shall not become legitimate.

Record the transactions with HR (audio/visual) and keep evidence/witness…………..

 

>>>>> Payment of Wages Act is applicable to such commercial establishments.

THE PAYMENT OF WAGES ACT, 1936

You mau go thru Section:

2. Definitions 3*[(vi) "wages" means……………………..

(d) any sum which by reason of the termination of employment of the person employed

is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

And

3, 4, 5, and others…………………

>>>>> Standing Orders apply to establishments to which Payment of Wages Act applies………..

It is felt that state of AP did not grant any blanket exemption to IT companies from provisions of Industrial Employment Standing Orders Act (unlike Karnataka which has also now ended this exemption)…………….and if standing orders are not certified Model Standing Orders shall apply.

Model Standing Orders: 13:Termination of employment: (3)               Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

You may also go thru other sections like: 11, 15, 16, 17, 18………….

 

>>>>> There are thread to indicate that employee can approach employer as creditor treating unpaid wages as debt o employer.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

Discussion > Labour & Service Law > Disputes > Delay in full and final settlement payment

Your lawyer may opine that you can lodge criminal complaint under sec 406, 420……….

>>>>> It employees have been uniting and forming unions………….and it all started from AP, Karnataka…………….

Be a member of such associations and unions are ideal platforms to stop this nuisance. 

https://www.rediff.com/money/2007/feb/01ites.htm

 

 

https://www.itecentre.co.in/

Contact Us

Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912

Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com

 

https://ithiworld.wikispaces.com/News+Update

ITHI, a forum
of women employees in IT and ITeS

IT/BPO Voice of India | Facebook

www.unitespro.org

https://www.wbitsa.org/

 

I. T. PROFESSIONALS' FORUM-INDIA - Home

www.itpfindia.org/

 

 

 

 


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