Settlement after resgination

FNF wages should be paid on last day in office, within next 2 days or latest by usual pay day.

Your company might have stated in its exit/severance/FNF policy that FNF settlement shall be within 30 days.

It has settled your FNF on schedule as in its policy.

If the FNF settlement is not correct you may decline to accept the FNF statement and demand an explanation citing previous communication submitted by you.

You may request the good offices to hold the submission of TDS which they might be doing on quarterly basis and issuance of Form16 to you.

In the meantime arrange your docs and submit for relief of tax.

If the Form16 gets issued file for ITR and claim refund.

Your income tax lawyer can help you with it.

The settlement was already send to my bank. So can I still reject the settlement and also ask them to accept the bills and send the updated settlement.

I am told that the settlement is done and it cannot be change now anymore. In which case what do I do for the deduction which was made in my earlier salary (which they havent paid back so far). I can understand that if they dont accept the HRA or LTA bills I can still do it through Income tax returns but the deduction which was wrongly made can only be corrected through the company. So what can I do now since I am told that they cannot change the settlement now.

Its surprising that they finished the settlement so quick, despite the fact that I have some office things to be returned (mobile phone/laptop etc).

Pls advise

Company should supply FNF statement to employee for verification and acceptance after which FNF amounts are paid. If company has committed an error it is under legal obligation to correct it. Any statement if not prepared and supplied by HR guys or if it not correct its liability is on HR. Under no circumstances HR can behave as President of the Republic.

Let the word pass thru the ears of this HR person that you are contemplating to treat his action as offence/fraud………………..

Decline to accept the amounts sent to bank a/c in writing and demand FNF statement under original seal and signature by redg. post.

Mention that the deducted amounts as communicated by you have not been paid till date and amounts sent to your bank a/c are received under protest.

Apparently your wages were processed and disbursed from India.

Go thru Payments of Wages Act, Shops and Commercial Establishments Act of location of redg. offie of the company and your last location in India from which you were transferred/deputed and clauses under:

--- ‘Deduction of Wages’ and you would know what  category of amounts can be deducted by employer.

--Recovery of unpaid wages

On the strength of erratic FNF disbursement demand that TDS may not be deposited, the unpaid amounts are disbursed first, correct FNF statement be supplied for your acceptance, Form 16 be issued as per correct FNF statement.

In the meantime submit all other bills too for relief of tax.

The unpaid amounts can be treated as debt on employer. There are threads to indicate that employees have been contemplating to lodge criminal complaints u/s 406, 420………………….

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

Escalate to good offices of appointing authority, MD, Company Secretary and if the need be to your lawyer.

The legal notice in almost all the cases helps to drill sense into the heads.

Return the company property under proper acknowledgment.

Hello,

I wrote to the Finance as I was advised in this forum. However all I got was a one liner saying that the settlement cannot be changed now under any circumstance.

I had requested them to clarify on a wrongful deduction for the past few months while I was in the company and I was told it will be clarified. On the last day too I when I asked about this , I was told finance will call me to clarify this. However so far I havent even heard from them on this. Since this was to be settled, I was waiting on that and assumed they wont close the settlement till then. They had send the settlement about 2 weeks after the last day with the company and asked to confirm  if the settlement is fine. I said pls also clarify on the wrongful deduction which was done some months back and there was no reply and I was thinking they will get back to me on this. And then 2 weeks later they send me a mail saying settlement is send to the bank and no more correctiosn can be done.
So basically they did the settlement without giving me  enough time to send the LTA bills /HRA receipts etc. As I was abroad it takes atleast a month for me to coordinate with the landlord to issue me the receipt or to even invest in Mutual fund for 80C etc.
So my query is :

1) Is there a time period upto which the finance has the liability to correct the settlement if requested by ex employee

2) I had send the earlier request with cc to HR, but as you would know, most of these companies act differently once you are an ex employee and I didnt get any reply from HR. Only the finance send me a reply saying the settlement is final and no correctiosn can be done.

3) After I saw the advise in this forum I send the finance a mail requesting to consider the corrections and reissue and to hold the tax till then, they send me a mail saying the corrections cannot be done and the tax will be paid to the government now and I can claim tax refund later.

I have found errors in settlement like wrong leave encashments, leave encashments not considered for tax exemption etc which only this company can correct.

What are my options now. With the stubborn finance department, my requests seem to fall on deaf ears. I also doubt if it will yield any help if I escalate this to senior management since most IT companies hardly follow up on such mails.

Can someone advise me on the best method to get this addressed.

Thanks

Alex

Narrate all representations you have made to HR, Finance ( mention dates, phone numbers, names etc if you have these) to the good offices of appointing authority, MD/CEO and start from the deductions, not issuance and not supplying the FNF statement to you for verification and acceptance, wrong leave encashments etc and any other issues you have faced and demand to correct the errors, issue correct FNT statement, deposit IT as per correct FNF statement only, issue Form 16 as per correct FNF statement only, disburse unpaid/deducted wages/amounts so as to reach you in say……………..next 7 days.

If good offices also maintain studied silence or does not acceed to your requests approach your lawyer and lawful authorities under expert advice of your lawyer.

Company may respond to legal notice of your lawyer of notice from respective Inspectors or from court.

If company pays deducted amounts and does not amend FNF statement claim refund form ITO.