It shall be appropriate to show all docs including but not limited to job advertisement, interview call letter, selection letter, offer letter, appointment letter, standing orders applicable to the establishment, communication for deployment to Belgium, CTC sheet/Wage list for deployment, leave policy, notice of resignation and its acceptance, FNF sheet, any service agreement etc to your lawyer and let all representation be drafted by your lawyer. The lawyer that has seen all of your docs can advice you the best.
You have posted that:
-------“My son was working for a Bangalore based company and was deployed to Belgium for assignment. “
“The jurisdiction for disputes is in Bangalore.”
Does it imply that employee was located abroad by order of transfer or deputation and appointment letter was issued by employer in India?
Where was the salary processed and who paid salary and issued salary slip: Indian or Foreign entity? Salary slip, Form 16 as per correct FNF statement of all months should be obtained.
If the FNF statement is incorrect employee should decline o accept in writing and point out errors and that funds have been transferred by employer on its own without getting acceptance from employee and funds are received under protest.
-------“He served the statutory notice for the required period but the acceptance of resignation was preponed,”
To whom the notice of resignation was submitted: appointing authority in establishment in India or competent authority in Belgium and who has issued acceptance of resignation?
The resignation can not be accepted before expiry of notice period/date of retirement chosen by employee.
Supreme Court of India
Nand Keshwar Prasad vs Indian Farmers Fertilizers
11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective.
It is up to employee to call back the acceptance of resignation, to service full notice period to get salary for the period till expiry of notice period, agitate for unfair acceptance of resignation, or collect the notice pay for shortfall in notice period………………….. and other loss suffered as stated by you…………..
The pay day for FNF amounts is usual pay day. If employer has delayed it is its and it’s HR’s wrongdoing.
Employers should encash the paid leave in FNF and also add notice pay to be paid by it in FNF statement/settlement.
What is this compulsory paid leave for infectious deceases? It is not understood. You may show the leave policy to your lawyer.
The exchange rate of date of disbursement should be applied.
The state of Karnataka had ended the blanket exemption granted to IT companies and all companies were to submit draft standing orders by Dec12 for certification by certifying Officer by Mar13. Till certification Model Standing Orders should apply.
IT companies are covered by Shops and Commercial Establishments Act.
Designation alone does not decide employee is covered as ‘Workman’ as in ID Act and as ‘Employee’ as in Shops and Commercial Establishments Act………………
You may submit a final NOTICE ( drafted and structured by your lawyer) to Good offices of appointing authority, MD, CEO, Chairman, Company Secretary, by letter thru redg. post highlighting your good conduct achievements and narrating all representations made by you so far by phone, emails, in person (mention dates, phone numbers, names/designation/dept of company’s officials,………….) and conclude that company has breached the contract and raise the demands…………………and demand reply and payments by bank DD within say……………………next 7 days by redg. post.
If good offices do not provide relief employee may issue legal notice by your lawyer and legal notice from your lawyer may drill sense into the heads.
The employee may approach
Trade Union Leaders
and thru lawyer/Trade Union Leaders as the case may be may approach
O/o Labor Commissioner: labor Inspector………..
Inspector Under Karnataka Shops and Commercial Establishments Act ( One of the jobs of Inspector should be that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been withheld)
Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages as in the Act up to Rs. 180000/pm)
Civil Court
There are threads to indicate employees have been contemplating to lodge criminal complaint under sec 406/420………………………..and approach employers as Creditors treating the employer as Debtor and unpaid wages as debt on employer…………….
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
Your lawyer may ask set of structured questions and can opine that employee would be covered as ‘Workman’ as in ID Act and as ‘Employee’ as in Shops and Commercial Establishments Act or not and which would be appropriate forum to agitate……………….
You have to settle your terms with your lawyer on your own.
