Full and final settlement
Navneet sharma
(Querist) 08 May 2014
This query is : Resolved
Dear sir/ Madam,
As i am joined a limited company on 8/12/2012, as a site engineer for the project in Himachal,at the time of appointment company give me appointment letter in which i am in probation period for 6 months, as i have completed my six month successfully, and asked HR department for confirmation several times, Hr says if company issued not any confirmation letter or any type of letter to extend provision period it means that i am confirmed.But after 15 months when i request to pay my Bonus as per appoint letter they refuse to pay it and says it will paid financial yearly, Company also stop my sallery for the months of sep and oct 2013. They paid my salleries in parts.
On the month of december2013 I have taken EL for five days approved from project engineer my reporting officer as per company rule, But HR cut my salery for the same saying that you are not confirmed, after 5 days my father have hear attak again i take my EL for the same with approval by my Reporting officer this time also company also cut my salery.
On the month of Feb 2014 company again stop my payment,when i argue with him, MD of the company Terminate me from the service.
As per Companey rule I cleared all dues on me at site and gived aknolegment to HR on 9/4/2014 snd request for full and final settlement.
After so many request, today i got the mail of full and final sttlement, in which
1. No Pending 10000 rupee is included which was Hold by the compny from december.
2.No one month compansate salry was includes as company terminated me with out any notice period,
3. No EL are calculated which i earned in 16 months of service.
Kindly suggest what to do.
Also suggest what is law for confirmation in the company, also suggest as this is the limited company but they are not giving me the facility of PF and insurence, My salary is only 17500.
Thanks
Navneet
Kiran Kumar
(Expert) 08 May 2014
For the time being lodge your protest with the company by serving them with a Legal Notice.
If they fail to reply or refuse to reply then proceed before the appropriate forum as advised by your local lawyer.
Sankaranarayanan
(Expert) 08 May 2014
You follow as advised by mr kiran kumar ji if no furhter reply then with that notice you file a case before labour court in your jurisdiction
Rajendra K Goyal
(Expert) 09 May 2014
Company is not justified in not giving your dues and also EL for such a long time. Whether your appointment letter contains any term regarding confirmation and leave?
Consult a local lawyer dealing in service matter and show him all the relative documents, send legal notice of your claim.
T. Kalaiselvan, Advocate
(Expert) 09 May 2014
As advised, send a legal notice demanding your dues, if the company fails to reply or is not complying with your demand, you may approach the Labor Officer with a petition to initiate appropriate action as per labor laws.
