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shriti   01 June 2016

Am i eligible for the incentives??

i joined a real estate pvt. ltd. company in indore on 26th aug 2015, i was assured to be promoted on grounds of performance within 3-6 months... but it didnt happened even after exceptional performance among tem. as said , there was no position at that time. i didint confirmed my probation and put a resignation on 10th march  2016. afterwards i was called for several meeting an again assured for a promotion, as new projects wud be launched. i declined the offer and asked for a releiving by 21st march '16. they then said in no case i wud be releived before 1 month, if that my new joining wud have been deemed cancelled. so i left and joined the new company.

now, as on date of laeving i was to receive : salary for March i.e 21 days. , incentive of dec month, and incentive of march. it was total of 38400. now after so much of disscussions and follow up, they released the salary and dec incentive after 60 days of leaving. they are now not ready to release the incentive for march. also my pf amount is to be cleared....

kindly guide for the proper eligbility and further actions.



Learning

 7 Replies

Kumar Doab (FIN)     01 June 2016

Write to good offices of appointing authority,MD under proper acknowledgent and narrate all achievements, representations made so far and request supply payment of incentives, acknowledgment/acceptance of resignation, FnF statement showing earned wages/incentives/reimbursments/bonus/leave encashment and deductions if any, salary slip of all months and last month,PF number and a/c slip, NOC/NDC, Form16 as per correct FnF statement, service certificate, relieving letter etc................

 

Are you a member of employee's/trade unions?

Ritesh Maity (Labour Law Advocate)     02 June 2016

In order to get your outstanding salary and other dues, you have to first give a notice/ legal notice claiming the same from the company. If they fail to pay, you can claim before the appropriate legal forum. Regarding PF, follow the steps as suggested by our learned member Kumar Doab hereinabove.

Kumar Doab (FIN)     02 June 2016

Write to good offices of appointing authority,MD under proper acknowledgent ( thus make them a party) and request to supply, by Redg. Post..........................say within next 3/ 7/15/30days, as suitable to you.Don't forget to narrate all previous representations (mention names/dates/phone numbers/emails id etc and brief minutes).

 

Exhaust the internal options, first.

 

Let your able counsel structure and draft your represntations  so as to build irrefutable written record, defend your interest.............. 

shriti   03 June 2016

i have been in communication with the CMD of the group, but no response from his side. also the hr has straight away declined to clear the incentive for march mont (the month i resigned, amount is 7000). do u think i should put a complaint in labour department, as they are not even communicating properly. also how could i withdraw my pf, in order to save it from all these nonsense acts of hr??

also that, they have not given NOC or Experience letter, as they didint settled upon my leaving before 1 month. when i asked HR for the incentive, reply was take what we are giving....u have not served notice period of 1month (i served 10 days though) we can declare u absconded and u wont even get this...!!! so i cant see a solution to it..!!

Kumar Doab (FIN)     03 June 2016

PF; Don't withdraw. Transfer it to new employer. You don't need past employer for transfer. Demand PF number and a/c slip in writing from past employer.

The momment employee has resigned, employee has severed employer-employee relationship.

If you have copy of resignation, POD then there can't be any charge that you are absconding/absenting/abstaining.

Absconding is a derogatory word and your counsel may opine that HR can be taken to task.

 

Acknowledgment/acceptance of resignation, FnF statement showing earned wages/incentives/reimbursments/bonus/leave encashment and deductions if any, salary slip of all months and last month,PF number and a/c slip, NOC/NDC, Form16 as per correct FnF statement, service certificate, relieving letter etc................have to be supplied by employer.

 

Are you a member of employee's/trade unions?

 

 

shriti   03 June 2016

No sir, i am not a member of any union.

Kindly suggest the needful action in order to get my dues cleared. i.e office/ person to contact.

Or in case i have to give a notice, how and where to get it done. As in the seniors even in the company are not getting anything done..!!

 

 

Kumar Doab (FIN)     03 June 2016

Better be a member of employee's/trade unions.

Try the recourse thru unions. The amount is also Rs.7000/only.


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