Reg; full and final settlement from a corporate office
Ram prasad
(Querist) 30 January 2014
This query is : Resolved
Hi Sir,
I worked in a company for 3.2 Years and gave resignation on September 10th 2013, In my offer letter it was written 30days Notice period but our company revised that to 60days of notice period in 2013 Jan. I gave resignation by keeping an offer in hand and requested my manager to relive early and i accepted to buyout Notice period.
My Manager sent a mail stating that ,accepted your resignation and your last working day will be September 30th, 2013. Further regards to lead time is two months so you need to buy-out month notice for the month of oct 2013.
My Manager asked me to pay only for due days in October, All this was communicated by hr also, even she received above mail from manager.
In the exit form my hr written as 40days served and relieved. I Worked with them till Oct10th.
My incentives are in due, after calculating all the amount. I need to get an mount of 12,000 from the company.
Now my hr manager is saying that i need to buyout for 30days not for 20days. i reminded her every thing , even i asked her to check mail also and even exit form also but she is not taking it seriously and when ever i call her saying that i will check that's it.
Please suggest a mail how to write to HR.
Thanks & Regards,
Ram
ajay sethi
(Expert) 30 January 2014
in mail mention that as per terms and conditions of your appointment letter you were required to give 30 days notice . accordingly you had resigned on 10th september 2013 . after taking into account 30 days notice period you have worked for company till 10th october 2013 .
your resignation letter has been duly accepted by company . as on date sum of Rs 12,000 is due and payable towards incentive. request the company to pay the said amount immediately failing which you would be constrained to take legal proceedings against company
Ram prasad
(Querist) 30 January 2014
Thank you for valuable reply, my concern is , even though my offer letter says 30days, notice period , it got revised and now as per company norms its 60days. Even i accepted after having long discussions when i am in company. later on as i want to move form company early , i accepted to buyout 30 days of Notice period. I served for 30 days and i need to buyout for 30days, but my manager asked me to buyout for 20days only. Now hr is asking me to buy for 30days, even she has that mail too. but now she is not responding positively and even ever i call her she telling like we will check thats it.
Please suggest how to write to her
Thanks,
Sowjanya.
ajay sethi
(Expert) 30 January 2014
contact a local lawyer . issue legal notice to company
Kumar Doab
(Expert) 30 January 2014
You have posted that:
“gave resignation on September 10th 2013,”
“I Worked with them till Oct10th.”
“In the exit form my hr written as 40days served and relieved. I Worked with them till Oct10th.”
Apparently you have worked for 32 days (including 10th Sep and 10th Oct) and not for 40 days.
The entry of 40 days worked in exit form seems to be wrong.
The notice period shall start from date of notice in notice of resignation submitted by you.
The buy out implies company shall compute all payables to you including incentives, leave encashment, bonus, salary for days worked………………etc and adjust notice pay in FNF statement and supply the FNF statement for verification and acceptance by you.
Company shall pay to you the final outstanding amounts payable to you or shall ask you to deposit the final outstanding amounts by you.
Many companies impose condition that the employee should be in employment on date of disbursement of incentive although this can be contested.
If you were in employment during incentive period and has performed then you may claim it.
Do you incentive policy and circular?
You may demand the FNF statement prepared by company.
Once you have received it you may point out the errors as attach the copies of emails and proof of having earned incentives and being eligible for it, to substantiate your claim. This shall be the correct approach.
You may avoid depositing the notice pay in cash/by cheque/DD before the FNF statement is supplied to you.
Has the company already supplied the service certificate, relieving letter, acknowledgment of handover of charge/company property , NOC/NDC etc to you.
How was the notice period revised: by a circular, email, letter addressed to you?
Did you accept increase in notice period in writing or did you decline to accept it in writing?
Notice period is part of service conditions and is stated in standing orders applicable to the company and extended to the designation of the employee (be it Certified/Model), appointment letter, service rules of the establishment.
If standing orders are applicable to you and notice period stated in it is 1 month then it can not be even 1 month 1 day in appointment letter.
Therefore if If standing orders are applicable to you and even if company has issued circular/email/letter for increase in notice period and even if it has obtained acceptance of increase in notice period from you, without increasing notice period in standing orders ( for that acceptance from employee’s representatives and certification by certifying offcer in o/o Labor Commissioner is required) then the notice period of 60 days shall not be applicable to you.
Employer personally is held responsible for faithful observance of standing orders.
You may demand the certified copy of standing orders aplicable to establsihment and you by redg. Post from god offies of appointing authority, MD and it has to be essentialy supplied to you either free of cost or against a nominal fee say Rs.10/.
You can also obtain from certifying offcer which may be DLC in o/o Labor Commissioner at location of redg. Office of the company againsta nominal charge say Rs3/page.
If standing orders are not certified then Model Standing Orders shall apply. Notice period stated Model Standing Orders is 1 month max.
Notice period is also stated in (Name of your state) Shops and Commercial Establsihments Act .
If your compnay is Commercial Establsihment and you are covered as ‘Employee’ as defined in this Act then you may find that notice period stated in this Act is 1 month max.
Try on the above lines and you may find relief.
In case you find any difficulty consult elders in the family, trade union leaders and your lawyer.
