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MANISH SINHA (Territory Sales Manager)     10 April 2013

F & f

Sir,

I was working with an organisation(MNC) having it's India office in Mumbai  from Jan'10 and has been terminated on 16th May,11 by giving my letter through mail by my reporting office situated in Kolkatta. The letter attached of termination is dated 01/04/11 and send to me on above given date. The whole episode is that I have not a good relation with the sales head of India as he never provides me sufficent stock to deliver the business but at the same time ask me and my team for performance. Due to this I cannot work properly in the market and the team also become demotivated.I several time given a mail to all concerened person for this but they took it as an ego problem. I had been transfer suddenly in the march'11 to the southern part of the country to move there only within 3 or 4 days i.e on 15 th of March'11. I wrote a mail to the concerened to give time of few months as my father and mother is in the old age and having medical treatment and also it is very dificult to move to such a long distance from my present location at such a short notice in the month of March. I have also not been paid my expenses for last 3 or 4 months.

No response was given to me of that letter and I continued start working in the market and send my attendance sheet of March'11 and April '11(till 26th, as we had to send the attendance in two phase 26days+remaining 4 or 5 days).The remaining attendance of April'11 has been sent by me through post  but I don't have receipt of the same with me right now. The May'11 attendance was due to send it on 26th of the month. The y credited my account by paying salary till 14th March'11 only.Iwrote about that to the concerened but they did not replied. On 16 th of May'11  I got a mail that you have been terminated as you didn't join at your changed head quarter and therefore organization business was hampered. I thanks the person and asked them to settle down my full and final payment as soon as possible.After so many reminders and follow up I  could manage to receive my full and final payment by cheque in the last of Sept'11.I accept the same. But after few months I noticed that the calculation made by them of one month notice period and my earened leave like CL,PL has been calculated on lesser salary(around 10k/month less  and paid  basic and hra only) while in my appointment letter it was mentioned that one month salary will be given in case of termination. I reminded them several times and at last they told me that it is the law of the company and the salary of notice period is caculated on same basis.Other thing which I claimed was that why I have not been paid the salary of remaining day of March'11,April'11 and the 15 day of May'11 salary since I have already sent the attendace of March &  April and attendance of May'11 was due to send on 26th of the month.I have also not been warned by mail or by ant written document regarding this and inspite of that my salary was not paid from 15th March'11 to 15 th May'11(on 16th May'11 i got my termination letter).To such claim they respond that it is a technical fault therefore no warning letter or any intimation letter has beenissued to you in between. 

Now pls. let me know what should I do and how far my point is strong?

Regards.



Learning

 4 Replies

Adv k . mahesh (advocate)     10 April 2013

when was your last communiction with them and there last communication because 

they last paid in sep11 and a communication was there you said why you waited such long time you should have acted long before for calculating less amount 

MANISH SINHA (Territory Sales Manager)     10 April 2013

Yes it was late from my side. But presently for last 4 or 5 months I had communication with them on mail or by telephone .Tha HR Head has also assured me to look after this matter positively but few days back he said to me there should be evdence of your working in the organisation in those two months for what you have claimed for salary.Though I told them I have already send you the attendance and apart from that not any warning or intimation letter has seved to me in this two month so that it is self explanatory that I was with the company in those two month.I got my  termination letter sent to me on 16th of May'11 only so how can I be treated not to be in the organisation in this period. 

Kumar Doab (FIN)     11 April 2013

The purpose of the transfer was obviously separation.

You have accepted the transfer.

You are interacting with HR for payment of your dues.

Supply the copies of all reports and claims and POD and peruse for the payment.

The HR may process the payment and close the chapter.

Keep on pushing.

Mohan (BDE)     12 April 2013

Company Name Educomp solition ltd , iIt was purely an layoff . the company has not paid my F&F settlement iwas resigned on 23.12.12 , no propoer responce from the MY HR . i got a mail saying that i will receive 39 k . but they have not mentioned when they will repay my settlement . 


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