Employer issue in f&f

If there was a shortfall in notice period company can claim notice pay @ as agreed in your contract of employment e.g. basic/gross pay. Company could also waive off the notice pay.

It appears that you had handed over the charge to an employee of the company designated as your replacement and your regional manager/reporting authority. Hence it seems that you completed the formality of the handing over the charge. Did you receive any communication acknowledging receipt of your notice of resignation, instructions to hand over the charge and company property, and acknowledgment of company property?

Did you report the rude/bad conduct/threat of Hr executive to Good offices of your company?

If you are liable to refund the engagement bonus as per your contract of employment, then you may have to.....

As per your post company (or this HR executive) has delayed your FNF statement.

Ideally a/c should be settled and wages should be paid on last day in office or within 2 days. Usually companies set a time frame for FNF settlement however it should be within a reasonable time say 30 days.

Acknowledgment/acceptance of your resignation, work experience/service certificate, FNF statement, settlement of dues and payment of dues by bank DD, form 16, relieving letter, PF number/accumulation reports/withdrawal-transfer forms, NDC/NOC etc should be supplied to employee in time.

Companies are known to take a stand that these documents were posted and a copy was kept in personnel file of the employee and later a copy was supplied by email.

Situation can be different if employee has a record to prove it otherwise.

In case the form 16 is not supplied the employee can lodge a complaint with CIT-TDS of the jurisdictional area. The penalty can be Rs.1000/day.

It shall be appropriate if you can attach the copy of appointment letter, salary/wages/CTC sheet, and notice of the company. You may erase the names etc and maintain the confidentiality. Alternatively you can approach a competent and experienced service lawyer at your location with all records and give inputs in person.

Did the company supply you any letter/notice/legal notice before filing a case and approaching your current employer?

1. I have already paid the notice period payment of Rs.1 lac, while company has not even given a letter of the same even after continuos follow ups (mails are recorded). This was done so that I dont get the reimbursement of the same from my new company. 

2. I got the first F&F mail on 16th April after continuous follow ups; this was done so that the financial year closing happens and I loose on the tax part of 4 lacs.

3. Finally I recd the corrected F&F letter on 18th August with proper leaves taken into account. This was done after I got VP-HR into loop. Hence I recd the F&F mail after 7 months of my resignation.

4. I recd first notice in July with a copy of the same sent to my HR in new company. Further more this HR manager also called up the HR in new company trying to defame me in all possible manners.

Pls suggest whether I can file a defamation & harrassment case against the employer in reply to the court suit. If yes, how should I go abt it. Do you know any good related lawyer in Bangalore. 

Regret do not know a lawyer from Bangalore. However if you wish to avail the services of LCI lawyers " related lawyers" profile is given below on the bottom of this web page. You can click on their profile and establish contact.

You can also go for “lawyers search “option by touching the mouse key to experts or Forum on the top of this web page you shall get the option of lawyers Search.

Your near and dear ones can also guide you to a competent and experienced lawyer.

It is felt that you should report this HR personnel, her threats, and unfair acts to the good offices and then draw the attention of good offices to all the representations made by you thus making the good offices and company responsible for harassment, defamation and loss caused to you. Such personnel are not fit to be left to loose around in civilized society and business circle and such acts should not be spared.

If she has collected the notice pay she is duty bound to issue receipt. Obtain a confirmation for your VP that no recipt was ever issued and is being issued now. You can also proceed to file a case and let her or any offender attend to the case at his/her expense.

It shall be appropriate to show all the record and documents and give inputs and proceed under the expert advice of your lawyer. It is felt that your record can help you.