Employer denying on paying fnf and form-16
Amit
(Querist) 23 December 2015
This query is : Resolved
Dear Experts,
Please help me to suggest the course of action. I worked for close to 3 years for an organization(Idhasoft Ltd.) in Pune. The company was later on sold off to DSR Infotech Limited in March 2015. I resigned from the company,till it was oficially Idhasoft Limited only, in May 2015. Then one operations head India of DSR called me on phone and threatened to leave the office on 25th day of my notice period of two months. I had no choice but to leave. The HR team however sent me mails about my FnF and pending Form-16 of last year and assured that, they shall pay in sometime. I started following up on that after 45 days(standard company Policy). They kept on committing on definitive time frame.They later on paid almost 20% of the FnF amount agreed once in August and kept on promising that they shall soon release rest of the amount and Form-16. But in November they clearly denied of both of them. The same case is done with not less than 10 employees across locations in India. One of my colleague has sent a notice to them through lawyer from Gurgaon location. Please suggest me a good lawyer in Pune and course of action. Thanks in Advance,
Amit
Kumar Doab
(Expert) 23 December 2015
-----The posts are deleted------Look for last post in the thread..............
Amit
(Querist) 23 December 2015
Thanks Kumar for the suggestion. The threat was on call hence I can't provide any evidence on the same. One of my colleague from Gurgaon has already sent a notice to the employer for not paying FnF as agreed in mail. Others are reluctant and feel that why should they be in this matter. If mine n other guy's case is resolved, their will also be. So can't expect anything from them . we all had got relieving and experience letter both on mail and by hand. Other document like FnF settlement sheet is on mail. Form-16 was also agreed on mail only. I'm in process to file a civil suit against my ex-employer. Any check points or suggestions would be highly appreciated.
Thanks,
Amit
Dr J C Vashista
(Expert) 25 December 2015
Very well advised by expert Mr. Kumar Doab, no room left to add.
Advocate. Arunagiri
(Expert) 25 December 2015
You can lodge your complaint to the IT-TDS Department of your circle.
The IT office will call for clarification from the company. If any TDS is deducted but not remitted to the IT it is an offense.
Amit
(Querist) 25 December 2015
Dear Adv. Arunagiri, Thanks for your help and suggestion.I needed some straight pointers towards my core issues.
Kumar Doab
(Expert) 25 December 2015
-----The posts are deleted------Look for last post in the thread..............
Amit
(Querist) 25 December 2015
Dear Mr. Kumar,
Thanks for the details. It really helped me to pin point some key components. I have not consulted anyone except on this forum yet. I am supposed to visit a Civil lawyer probably on Monday. As i stated, Relieving letter and experience letter is provided. But there is no mention in the letter that employer has cleared off all the dues. And in the mail they sent for FnF settlement, they clearly stated that so and so amount under different liabilities is still unpaid to me.The text of the mail is as below:
Hello Amit,
PFA the settlement sheet. Kindly send the signed scan copy of the sheet & Provide your alternate bank account details in the following format:
Bank Name: >
A/C No. >
IFSC Code: >
Branch: >
Thank You!
Amount to be paid with Final Settlement xxxx.xx
I hope, this is sufficient to prove that employer is yet to pay us back such amount. And in follow up mails too, the communication back and forth clearly shows that they have certain liabilities towards us.
on threat, i can only state in the complaint that their India Operations Head called me from some landline number and threatened me to leave the company on same day, even when i was already serving the notice period. And with that they evaded the notice period salary payable to me.
Amit
(Querist) 25 December 2015
I don't know law. Can you help me outline the charges/sections/act of law, under which Employer can be booked or filed case against?
Dr J C Vashista
(Expert) 26 December 2015
@ Amit,
You have adequatly been advised by the experts (especially Mr. Kumar Doab)and oblidged to such an extent that it falls against ethics of the profession, therefore, instead of further streching this thread FREE OF COST is unfair and non-practical hence stop it.
Now it is your turn to consult and engage a local prudent lawyer practicing in service/labour matters for further clarifications/guidance advise and proceeding qua "outline the charges/sections/Act of law...", since your case is very good and there is every possibility of winning the case.
Best wishes
Amit
(Querist) 26 December 2015
Dear Dr. Jagdish,
Thanks for your FREE OF COST suggestion. First of all I didn't know that this forum is paid. I've been providing help on the subject I expertise, over a period of time and free of cost. I never thought it this way. You fave me an Idea. Thanks for that. Aa you rightly said that now the onus is on me to close it, I shall keep it open until I find my answers, please do not bother to visit.
Thanks for your help and valuable time again.
Amit.
Amit
(Querist) 26 December 2015
Dear Dr. Jagdish,
Thanks for your FREE OF COST suggestion. First of all I didn't know that this forum is paid. I've been providing help on the subject I expertise, over a period of time and free of cost. I never thought it this way. You fave me an Idea. Thanks for that. Aa you rightly said that now the onus is on me to close it, I shall keep it open until I find my answers, please do not bother to visit.
Thanks for your help and valuable time again.
Amit.
Guest
(Expert) 26 December 2015
Mr Amit your predicament is not one incident. Most of small Indian companies behave like that. They have no fear of law as Indian courts and also labor commissioner are too much slow and hardly deliver any result.If they do, most of people dont obey court order.Then you got to file execution. That again takes years.
What is your total receivable from company? depending on that you may consider hiring a good lawyer and file suit.Please note good lawyer also costs money. So see cost benefit analysis.
If you are in similar or same industry and want to continue career better avoid confrontation.Go and meet The Head and discuss first.
many times long term vision is necessary.I have long Industry background. Take it seriously.
Above experts have already explained line of action and I agree dont drag the thread.
Guest
(Expert) 26 December 2015
Regarding your Form 16, you can see online if they deposited tax deductions in your credit.You can visit income tax website for that. If not found you can send notice to them that you will complain to tax ccommissioner.If TDS was deposited it got to appear online in your account credit
Kumar Doab
(Expert) 26 December 2015
Your response to senior and Expert Dr.J.C. Vashista, is not in good taste.
I was about to post further, and make some suggestions.
I shall not be posting further, in this thread.
Amit
(Querist) 26 December 2015
Dear Mr.Rajendra,
Thanks for your advice. it is valuable. I do not fear of future as it is unknown to all.and i only know one thing, if something is not legal or fair, one should fight against.
Dear Mr. Kumar,
You helped me a lot, that i should respect you for the legal suggestions. but again if you feel you did some ehasaan on me or anyone, then i feel one should not do. This is again unfair.
Somehow i understand now, specially of this blog/forum or stage that if someone suggests something to someone they feel that they did some service and expect return in form of money. We also do help newbees and even experienced professional if we know something they don't know. we never expect the way guys do here. It is something like sharing of knowledge. if i don't get inputs from you, i still would have been good to you, but if you help me and then taunt me disrespect me, it's not done.one does not need help but equal respect.hope the attitude you show by helping others become mild than rude.
Again with all due respect to your knowledge, i thank one and all of you for helping and suggesting me.
Wish you a good luck.
Guest
(Expert) 26 December 2015
Mr Amit instead of deviating form your query focus on very simple answers given to your problem which are practical and simple.read my observations again and se if you can follow.
This query stands closed now if other experts agree.
Kumar Doab
(Expert) 26 December 2015
@ Author-Amit,
I post my thanks for your respect for my suggestions/legal suggestions.
I did no Ehsaan to you or anyone.
I made no taunt on you or anyone.
I never expected any money from you or anyone and never collected any money from you or anyone.
I have not been rude to you or anyone.
I have exerted and posted detailed and illustrated posts in many threads at LCI and other forums, and shared wholeheartedly.
I feel delighted and satisfied,when the authors, members and querist post that they have been able to get their issues resolved.
I am not alone but there are many better, knowledgeable,competent, very able and senior than me, individuals doing the selfless service at LCI and other forums.
Many times there are querist/authors/members that are rude to contributors. I am not referring to you! It can be seen in many threads.
However that phase also passes, and the experts post in threads.
Finally I make a suggestion, since you have decided to go to see a civil lawyer.
Labor/service matters is altogether different stream and in each city there are a few counsels that specialize in it and have exclusive practice pertaining to such matters. Usually such matters are referred to them.
Some of the counsels prefer to stand for employers and some for employees. Some decide to counsel be it employer or be it employee.
You may make inquiries on your own at Civil Courts, HC,SC,CGIT,Labor Court, Employee's/Trade Union leaders,DBA officials and you can have a list of such counsels and can decide a counsel for you.
Your case has merits and very effective remedies, including the ones that send jitters down the spine of such arrogant and unscrupulous employers and their attorneys in line management/HR/Legal.
Employers are known to hide behind backs of their attorney's.
At times the offenders are penalized and at time the offenders are put in correctional centers and behind bars also.
I have mentioned it as I have been responsible for it in many matters.
I have time and again posted that one should be encouraged and one should participate in activities and more so in various forums and unions and learn to be properly informed while in school,college, in employment. A properly informed person can handle the matter in much better sense than an ill informed one.
Dealing with employers and more so the unscrupulous, arrogant, high headed, habitual offenders ones is game of chess and should be played with patience.
Once you have a good and able counsel, you will be knowing many possibilities and effective remedies that you can explore and pursue.
I am closing my post by reiterating that you have a good case and need to engage a good counsel.
Good Luck and best wishes!
Amit
(Querist) 28 December 2015
Thanks a lot Mr. Kumar for such concise Knowledge.It is pity on individuals like us when they deal with system as ours. But Guys you and other contributors in the form makes life easy. I did not mean to hurt you, Dr. Jagdish or Dr. Rajendra as you all not only know much than me in this regard, but also might be senior to me. I apologize if i was harsh. Thanks all once again for your kind and valuable advises.
Take care and a very happy new year.
Regards,
Amit
