Deductions are not mentioned in the full and final settlemen

1. Other thread by the querist:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=119711&offset=1

Was your salary released or kept on hold for 3 months?

After how many days of LWD the FnF amounts are paid?

2. The last month salary slip and FnF statement Hard copy on letterhead of the company under original seal and signature of the competent employee showing all payouts/adjustments/deductions  e.g. of earned wages/bonus/OT/leave encashment/reimbursements/incentives………………PF/ESIC/PT  etc should be supplied to you and demanded by you.

You can check your PF a/c and also for PT whether it has been deposited or not!

Don’t expect any relief from HR and Line Managers, Legal cell personnel. They have to subscribe to orders of their masters and defend their interest and job and may not provide any relief to you.

Don’t remain entangled with them.

Write to appointing authority,MD.

Thanks for Quick reply

1. After raising the issue my salary released partialy.
for March 50% on 30 April
for April and May 50% on regular salary cycles.
for June and rest of 50% salary of March, Aprl and May on 30th June as Full and final settlement.

I was supposed to attend office on 22nd June but due to cancellation of trains I was not able to attend it. so they considered 19th as last day.

2. I have got hard copy of FnF, Experience letter and Acceptance of resignation letter.
FnF contains monthwise remaing salary. It has provision of showing PF and PT but they are not showing it there. insted they have directly metiond final payable salary for June after deductions. Initially they told that I will get salary slip for June but when I gave acceptance to the FnF they refued to give Salary Slip June.

1. If salary slip of full salary was generated and but not paid, it is violation and offence.
2. If PF and PT has been deducted but not shown it can amount to fraud.
3. You can narrate that on dated……………….Mr/Ms……………….stated (on phone………mention number, in office, in person etc) that salary slip of June shall be supplied by dated………………….that otherwise should have supplied bearing signatures of employer with seal, a day before due/usual date of payment of salary i.e. dated………………….but has nor refused to supply it, although it has been generated and he/she is illegally been holding on to it. The FnF statement is erratic since amount is deducted (hope you have the proof) and FnF format has column for  showing the deduction…………………………..but has not been shown……………………..and has also not been paid to you till date despite the errors pointed by you on dated verbally etc……………….This also amounts to fraud. Since FnF statement/settlement is not correct, you can withdraw your acceptance.
4. You can approach :

---The Inspector appointed under Bombay Shops and Commercial Establishments Act, Payment of Wages Act……
---O/o Labor Commissioner
----Employee’s/Trade unions e.g. CITU/INTUC/AITUC/BMS etc
----Your Labor Law Consultant/Service Matters lawyer/Law Firm

----RPFC thru nearest PF office
----Jurisdictional ESIC office

----Inspectorate of PT
 

The Inspectors and Union Leaders, Labor Officials, lawyer can get you compensated for delays and harassment etc.

1. Salary slip is generated but they showed 50% salary as deduction under Advance.

2. That is what I suspected and asked here for help.

3. I have all voicerecordings avilable with me as well as mail conversations.

4. I have already posted email to mahalabourcommr@gmail.com (commissoner of Labour, Mumbai) with conted as the 1st post in thread but yet not received any reply since yesterday 10 AM.

I appreciate you for the effort and endeavor to record by voice/emails.

Employee should always learn to defend his/her interest.

1.  The issue of False Claim of Advance has already been discussed in detail at another thread initiated by you at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=119711&offset=1

The tactics of the company amounts to fraud, falsification of record.

The employer has to maintain various forms/registers as prescribed in Shops and Commercial Establishments Rules framed under Shops and Commercial Establishments Act.

If your company's  Redg. office/Corporate office was located at Noida ((UP) and salary was processed from UP then you may go thru Uttar Pradesh Shops and Commercial Establishments Act/Uttar Pradesh Shops and Commercial Establishments Rules .......................also known as:

U.P. Dookan aur Vanijya Adhishthan Adhiniyam, 1962

U.P. Dookan aur Vanijya Adhishthan Niyamavali, 1963

https://labour.up.nic.in/labourcommissioner/dookan62.htm

and obtain the copies of registers/forms prescribed pertaining to payment of wages, advances etc even if thru RTI.

The HR and employer can not claim that it was unaware for 4-5 months.

Moreover you have voice recordings and email conversations to substantiate.

2. You can pursue the complaint with Labor Officials thru RTI as well.

3. It shall be good if you can involve Employee’s unions of your sector affiliated with trade unions /Trade Unions. Trade Unions in Maharashtra have traditionally been strong.

Consult your lawyer/counsels and they shall opine that you can give the flavor of criminal offence too.

Then you can relish your exprience.

One properly informed and supported employee is sufficient for a adamant and recalcitrant Line Manager/HR personnel/Legal Cell personnel, employer,.............. be it in any one or be it  their home turf.

We have seen people turning saints like after they are attended to properly.............. by properly informed employees and their seasoned union leaders, and expert lawyers.