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Piyush4upiy (None)     01 June 2011

Relieving and F&F settlement in Immediate Termination

Hi,

I have been working at a Pvt. Ltd. Company (an IT Company) from last 4 four months.I was an permanent employee with Appointment letter. Few days back after an argument with my manager the company asked me to resign from my services and I resigned, this was with immediate effect. They said that I'll get Full and Final settlement on 2nd June. Today When I called up the company they said that they'll recover the year end bonus paid to me in month of march and so I need to pay them extra amount then only i'll  get the relieving letter and other papers, but as per the appointment letter I expect to get two months salary from company less the bonus. I told the same thing to them that they need to pay me two months salary less the bonus after which they have not answered my calls, I have sent a mail to them asking for an explanation on the amount to be paid.

Please  find the extract from my appointment letter as given below:

"Your discontinuation of service shall be by either party giving the other three months notice. Serving two months notice period is mandatory and can be shortened only with the agreement of your manager. It is at the descretion of the management to allow for one/two/three months salary including allowances in lieu thereof. All the benefits including year end bonus, will be recovered if notice period begins before the compkletion of your eighteen months of tenure with the comapny. this includes charges paid to the conslutant at the time of your joining (8.33% of CTC) . During the notice period, you are expected to serve the company productively. However, under the company's disciplinary procedure your services can be terminated without any notice period."

Based on the condition as above, do I qualify for two months salary?

And what are the due course which I can take for recovery of money and getting relieving letters, Please advice.

best regards



Learning

 3 Replies

Kumar Doab (FIN)     01 June 2011

In many of the posts it has been suggested it is better not to act in haste and to consult the elders in the family, well wishers, known experienced persons, or a lawyer, before signing any document.

As per your appointment letter, you are not entitled.

In your appointment letter the terms set by the company are heavily weighed towards them and are not based on equality.

Term of recovery of consultant charges set by company is not reasonable.

You were asked to give up your employment and that too by resignation. Thereafter whatsoever is communicated to you is as per the appointment letter.

You can submit a representation by registered post to your appointing authority, MD, Company Secretary and narrate the incidents in chronological order, date wise and mention that you were forced   to give up your employment and coerced to sign the resignation letter then and there and request their good offices to intervene and resolve your grievances within say 15 days.

If they do not respond lodge a complaint with labor inspector. This should solve the matter.

It is suggested that you take the help of the elders in the family, well wishers, known experienced persons, or your lawyer/law firm to draft your representations.

Be careful in future.

 

Piyush4upiy (None)     01 June 2011

Dear Sir,

Thanks for your reply. It'll help me in taking necessary action.

Best Regards

Piyush4upiy (None)     06 June 2011

Hi,

In continuation to the above mail, I would further add that, though I resigned on morning of Monday 9th May the company is saying that I worked for only six days and they'll pay me for six days only. I believe they are either considering only working days till 9th May and not including the saturday and sunday (there were 6 working days in may till 9th may, considering only monday-friday work) or they are not including 9th may as working since I resigned on 9th morning.

My query is that I am a permanent employee of the company, can company pay me only on the basis of working days or not include the day on which I resigned( I have soft copies of my resignation). Please suggest what can I do in this circumstance?


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