@ Riyaz,
Kindly always start a new thread.
You have posted that:
--“I am given a Salary Settlement Cheque, I had returned the Settlement cheque, because the settlement amount was calculated wrongly,”
You should not have returned the cheque. You could have mentioned in writing under acknowledgement to employer that the calculation is wrong/FNF statement is not supplied/FNF statement is wrong and you have received the cheque under protest.
Employee should always consult elders in the family, competent and experienced well wishers, lawyer/law firm before acting in haste. The matters on which employee does not have adequate information and knowledge should always be discussed for clarity as employers are known to exploit ill informed employee.
You should not have submitted resignation with immediate effect. You could have tendered notice of resignation and served notice period. Company might have adjusted notice pay in FNF statement/ Salary Settlement Cheque.
--“ later the payroll service provider shared me the settlement calculation sheet, and was send to approval to the employer,”
The employer has to send the correct FNF statement, even if employer has hired some payroll service.
Submit a gentle representation by letter under acknowledgment thru redg. post, addressed to good offices of your appointing authority, MD, Company Secretary with a copy to Head-HR,and mention that you have submitted your resignation dated……….and you have not received till date…….. acknowledgment and acceptance of resignation, FNF statement/settlement, payment of your dues, work experience/service certificate, Form 16, relieving letter, PF number, PF account slip, attested copies of PF withdrawal/transfer forms for submission to PF office by you { you may submit the forms for attestation by employer}, NOC/NDC etc and all of these documents and payment of your dues by bank DD only may be supplied to you thru redg. post only and a postage prepaid { as purchased from PO} self addressed envelope is enclosed herewith for sending the reg. post to you. You may narrate all representations made by you so far. You may mention that you were asked to tender your resignation.
Submit reminders and mention that reply, payment, documents be supplied to you by redg. post so as to reach within next 7 days.
Based on the reply of the company you may proceed further.
You may avoid emails, reply by phone calls if possible.
Usually only competent senior management is empowered to sign on letterhead of the company and junior HR executives send emails. HR has to adhere to instructions issued to it verbally or in writing.
The bone of contention seems to be reliving letter and FNF settlement. If this is the only leftover part of the incidence you may apply your reasoning/persuasion/persistence/negotiation skills with HR and obtain reliving letter and FNF settlement and documents and close the matter here for the time being. Litigation can be stressful for some employees. Litigation takes time.
As per IESO Act {model standing orders}
13. Termination of employment.—
(3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificat
In a given situation employee can approach trade union, and/or invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.
It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents and give inputs in person and proceed under expert advice of your lawyer. It shall be good if your lawyer/elders in the family/trained legal mind amongst your near and dear ones draft your reprsentations to your employer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman.
Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.
