Full and final settlement
Dharmish Bhupen Shah
(Querist) 05 June 2014
This query is : Resolved
Dear Lawyers,
I was working with J P Morgan chase bank on the Payrol of Magna Infotech Private Limited.
on 13 December 2014, my contract ended. According the policy of Magna Infotech, the full final settlement is done after 90 Days. So it was due in March 2014. However even after repeated mails and telephonic conversations Magna has failed to settled the Dues.
In last mail they said approvals for settling due is pending from JP Morgan. They also asked me not to mail them regarding the same.
What options do i have? can i ask them to pay interest, if yes then how much? Should i send them legal notice?
Regards,
Dharmish
ajay sethi
(Expert) 05 June 2014
JP morgan is a reputed bank . wait for a month or so then decide your next course of action .
Kumar Doab
(Expert) 05 June 2014
Hope the company M/s Magna Infotech, has communicated to you in writing about end of FTC and, you were asked to, at the end of FTC, (in writing) and you have handed over the charge, completed exit formalities in writing under proper acknowledgment and you have the copies.
You are not employee of the Bank.
You were employee of M/s Magna Infotech.
The approval if any from the bank is internal matter of your employer with bank. Your employer has to complete the formalities with Bank without any burden and onus on you.
The earned wages and FnF wages are to be paid on last day in office……………………………within next say 3 days or max. by usual pay day.
Any internal/private policy of the employer is not a law unto itself.
Were you being provided with salary slip, PF, ESIC, Form16 etc?
The reply of the employer not to send emails to pay unpaid wages, is unwarranted, and is bad conduct. It also makes M/s J P Morgan Bank a party.
You may submit a final representation addressed to appointing authority and Manager of the bank narrating all representations (mention names, dates, brief minutes of discussion……………) and raise your demands…………………….and to supply you………………………….documents and payment by bank DD only so as to reach you by redg. post only say within next ……………….7 days.
M/s Magna Infotech shall be covered by (name of the State) Shops and Commercial Establishments Act and one of the duties of the Inspector under this Act is to ensure the FnF wages of the separated employee are paid as per provisions of the enactment.
The Private Bank is for private gain and might have registered under (name of the state) Shops and Commercial Establishments Act.
Your labor consultant/service lawyer may ask you a set of structured questions and may opine that you shall be covered as ’Workman’ as in ID Act, ‘Employee’ as in Shops and Commercial Establishments Act of the state…………………………. and can explain all options available to you and help you lodge complaints successfully.
If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..
Employee can approach:
----Employees Unions : There are employees unions that have done good job.
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
The trade unions are willing to embrace employees and they are very effective too.
--- Inspector under (name of the state) Shops and Commercial Establishments Act, If it is commercial establishment.
The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.
--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.
--- O/o Labor Commissioner:
----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office; Applicable to all employees drawing wages (as per def. wages in the Act) up to Rs.15000/pm.
--- ITO; TDS where you file your ITR
--- CIT-TDS (jurisdictional) where company files ITR
----Lawyer/Law firm
---Civil Court
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
The employees have even filed Winding Up petitions and have succeeded.
Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter/FTC contract, CTC sheet, Salary Structure, Salary credit details, salary slips, Service rules and regulations, Conduct and discipline rules, Termination of FTC, Policies handbook of M/s Magna Infotech etc…………….. Communications exchanged to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.
Sankaranarayanan
(Expert) 05 June 2014
consult with local lawyer and act as per his advise
Rajendra K Goyal
(Expert) 05 June 2014
Consult a local lawyer and show him all the documents.
