It is an impression that company has applied notice period of more than 3 months and is attempting to get acceptance of FNF settlement from you.
>> Did the company obtain your consent by phone or in writing, for amounts disbursed to you as found correct by you?
Demand Correct FNF statement and explanation on deductions of wages in writing and without fail mention that the amounts disbursed to you by the company are sent by it on its own and without supplying you correct FNF statement and seeking verification and acceptance by you and the amounts are not understood, accepted and are received under protest.
You should point out that although you have been relieved from company by acceptance of resignation on dated company has issued some documents titled as pay slips for the month of ………………..and showing –ve figures and company should explain to you what is it and why is issued and supplied to you?
You must without fail protest the delay of 75 days and narrate all representations made by you so far by phone/email/in person etc and mention phone numbers, dates, names etc.
You may conclude that amounts disbursed to you are not correct and hence not accepted by you.
Based on the reply of the company you may proceed further.
>> The day for FNF wages is last day in office, or within next 2 days or max. by usual pay day.
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.
It is not 75 days.
The private policies or agreements can not overrule or supersede the statue or instrument of law.
>> The fixation of wage period, time of payment, deduction of wages is well explained in Payment of Wages Act, Shops and Commercial Establishments Act, Statue……………..
You may go thru: Payment of Wages Act Sec: 2 { 3*[(vi) (d)} , 4, 5, 7,
(Name of your state) Shops and Commercial Establishments Act
Standing Orders of the company (Certified/Model) extended to your designation.
>> The Notice period is stated in standing orders applicable to the company and extended to the designation of the employee, appointment letter/contract of employment, statue,………………………..and is also stated in Shops and Commercial Establishments Act……………….
The notice period stated in standing orders shall prevail upon private agreements signed by employee with employer e.g; appointment letter, contract of employment, service agreements etc.
Ideally notice period during probation period should be NIL as employee does not have lien on employment.
13. Termination of employment: (2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated
If the good offices also do not provide any relief you have the option of issuing legal notice and approach:
Lawyer/law firm: Legal notice helps to drill sense into the heads.
Trade Unions, Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def of wages in the Act up to Rs.18000/pm), Inspector under Shops and Commercial establishments Act, o/o Labor commissioner, civil court……………..
