Resignation f&f
Pradeep
(Querist) 30 August 2018
This query is : Resolved
Sir,
I worked under fmcg company from may 2018 to july 2018. They forced me to resign and misbehave..they accept my resignation same day and i have taken no dues slip. My salary was not given to me. It is pending they are denying. Can any solution for my sakary?
Thanks
Pradeep Ojha
SHIRISH PAWAR, 7738990900
(Expert) 30 August 2018
What are the term and conditions of employment? Show your appointment letter to local advocate and consult with him.
ashok kumar singh
(Expert) 30 August 2018
as to get answer of your query, you must furnish each and every details related to your facts and circumstances.
thanks
ashok kumar singh
advocate
Kumar Doab
(Expert) 30 August 2018
While posting such queries employee should post basic information!
What is this establishment; Govt, private, Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
You may revert to relevant points.
Name of company etc is not required so don’t post names etc .
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Kumar Doab
(Expert) 30 August 2018
Can you establish that the resignation was demanded from you/you were forced to resign and subjected to misbehavior at workplace?
Did you mention in notice/resignation that resignation was demanded from you/you were forced to resign and subjected to misbehavior at workplace?
How old is the said episode of forced resignation/misbehavior?
The establishment may supply FnF statement computing paybles to you e.g; earned wages/bonus/leave encashment/reimbursements/incentives/OT etc and adjust notice pay in IT.
If the said FnF is correct you may accept IT or decline to accept and ask to correct the error/variances.
For your understanding go thru applicable enactments, and take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, seasoned employee’s/trade union leaders, and a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Labor/service matters as in your case, and well versed with LOCAL applicable rules/personal laws, precedences, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..
There are such very able counsels at each location.
Check for such counsels at LOCAL Labor court/CGIT, School-educational Tribunal, CAT, civil courts, HC, SC…
Elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, seasoned employee’s/trade union leaders can also guide you to such counsels.
P. Venu
(Expert) 31 August 2018
What do you mean by "They forced me to resign and misbehave"?
Kumar Doab
(Expert) 31 August 2018
Generically speaking; The employee can approach;
Labor Inspector/ALC ( of appropriate govt if employee is covered by def. of Workman as in ID Act, precedence's)
Inspector appointed under Shops & Estbs Act ( if person is covered by def. of employee as in the Act)
Higher officials in dept. of Labor
Inspector appointed under Payment of Wages Act ( if person is covered by def. of wages/wage ceiling as in the Act. This Act does not discriminate between workman, Non workman)
Civil Courts
