Full and final settlement.
Prasad Bagaregari
(Querist) 28 June 2023
This query is : Resolved
1. on behalf of one of my friend, who happened to be a Chartered Engineer certified by the Government of India,
with a qualification as graduation in Electronics and Telecommunication engineering and experience of approx
10+ years in the IT-BFSI domain for the areas like Software development, consulting, analytics etc.
2. The concern, narrated herewith, is associated with his employment with Organization called CABCS India Private Limited, 2nd Floor, CRN Square
Kasturba road, Bangalore - 560001.(Karnataka) which hired and employed as Senior Technical Architect between 04th Jan 2021 to 31st August 2021.
The course of employment was full time with six months probation between Jan-2021 to July-2021.
3. Upon working for eight months i.e. Jan-2021 to Aug-2021,he has decided to resign and resignation to the
CABCS management was submitted on 17th August 2021 which was accepted on the very next day asking for Last working date (LWD).
HR has approached to discuss the know-how and offered him to provide the last working date which was confirmed as 17th Sept 2021.
After which there was no discussion between the reporting manager and him confirming anything.
All of a sudden, HR sent him mail on 31st August 2021 stating the last working date. So, the notice period actually served was 15 days.
The reason behind 31st August 2021 as LWD for the employment was given by negotiating the amount of 15 days buyout which was pending
with management from the date of joining.
CABCS management had agreed to pay the buyout amount for 15 days notice period prior to joining which was later not paid
across tenor of employment.
4. The last working date was provided to him as 31st August 2021 without any discussion, notification or communication, but directly
mentioning about completion of payment of buy out amount which was not calculated appropriately.
The offer letter shared by CABCS on 30th Dec 2020 does have clear mentioning about the same as three months actual salary of an
employee while it was calculated as( (CTC/12)* number of unserved notice period months.
HR also mentioned in mail dated 31st Aug 2021 about the actual salary of two months for his case as he was able to serve only
one month notice period due to personal reasons which management accepted and decided to relieved him on 31st August 2021
5.Handover process of employment conclusion was executed as below:
Laptop Handover to HR : 18th August 2021
Access card : 02nd Sept 2021
All company owned access : 02nd Sept 2021
Therefore, except buyout amount there was nothing residual with him which implies that it was mutual
agreement between both to conclude the employment.
6.Finally, Upon multiple discussions, he has agreed to pay the buyout amount upon agreement by the management
for payment of variable components of salary for the last eight months (Jan-2021 to August-2021).
However, management did not come back with any conclusion upon internal discussion.
Organization has denied to pay any leave encashment for earned leaves though none of them were availed
despite there is no discretion in the offer letter
about non-payment of variable component and salary encashment.
(Evidence attached).
7.On the other hand, His ex-reporting manager kept his background verification on hold stating there is some
settlement pending with HR due to which he cannot proceed for the background verification confirmation.
This decision has brought a bottleneck in current employment as well.i.e. neither employment with previous
organization was possible nor was the smooth process of new employment also not so possible.
8.Finally, management asked to not pay anything but come back to join the Organization to serve the
notice period for again three months.
As never heard, the notice period of one month was though served appropriately and was completely
ignored by the management while offering so.
On the other hand, HR kept enquiring about the buyout amount payment and refused to issue a service
certificate.
9. As per the latest communication, Management has left replying to any type of communication and
also kept this case open marking his employment status as
"Absconded".
10. Even after so long duration, he visited the office in person in July-2022 to discuss about this
matter and find out what can be done to the
best but Management neither did show any interest to talk about anything but also did not
share Form-16 for the duration of May-2022 to Aug-2022
even after asking it.
11. He sent a legal notice to the said organization in Oct-2022 to which Organization replied stating
nothing is pending from their side but from his side only.
Requesting you to go through the matter and advise for the resolution to the best of your understanding.
T. Kalaiselvan, Advocate
(Expert) 29 June 2023
Since the employee had issued a legal notice to the employer demanding his requirement, the matter has to be escalated through court of law alone.
It is not known what was demanded in the legal notice.
If the legal notice did not contain the issues of concern properly then it becomes pertinent that the employee issued a rejoinder notice mentioning all those things left out in the principal notice.
Before that the employment offer letter terms and conditions also are to be seen in order to render more proper opinion.
It is said that the last working date was 21.08.22, but what was the transactions that extended up to 02.09.21, and in one place it is written that the employee approached the employer in the month of July 22 to discuss about this, then what happened?
whereas HR informed about last working date as 31.08.2021.
There are plenty of contradiction in your own narration, hence this platform is not a proper place for rendering appropriate advise or suggestion to move on with legal actions, an experienced lawyer may be consulted in person with an appointment by producing all the documentary evidences in order to institute proper lawsuit for relief and remedy
Prasad Bagaregari
(Querist) 29 June 2023
Hi Adv. Kalaiselvi Sir.
The last working date was 30th Aug 2021 only. However, due to unavailability of HR on 31st Aug, the ID card handover happened on 02nd sept 2021.
T. Kalaiselvan, Advocate
(Expert) 30 June 2023
I am not Kalaiselvi, but I am known as Kalaiselvan, please don't change the gender due to your anxiety.
Now let us come to your topic.
It appears taht you have not taken any action against the company after handing over the company's assets until you reached back to the company in July 2022.
You had taken a legal action i.e., by issuing a legal notice only very late i.e., almost at the end of 2022 and after that also it appears that you have not taken any legal action in this regard.
If you are really serious about finding solution to this, you would not remain silent over this critical issue for such a long time.
Besides there are lot of contradicting statements in your post rather you were not able to express the facts properly in the very lengthy post, hence you were advised to consult a local lawyer or any expert lawyer of this forum through their contact number, discuss the issue at length so that you can find some of the other solution to this problem
