Avinaash Menda 31 August 2018
Adv Deepak Joshi +917017821512 (Advocate) 31 August 2018
Dear querist,
Please approach employer on whose pay roll you work to find why your FNF is delayed as it better to settle matter without engaging third front.
If your employer has delayed your FNF in order to harass you, send legal notice claiming your FNF within 15 days. Failure to do will force you to take legal step.
If Legal notice does not serve your purpose then complain to labour Commissioner. Which will eventually land up to Labour Court if not resolved by Labour Commissioner.
Thanks and Regards
Deepak Joshi & Associates
Mb/whatsapp +919456777600
Avinaash Menda 31 August 2018
Kumar Doab (FIN) 31 August 2018
While posting such queries employee should post basic information!
What is this establishment; Govt, private, Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?
What was your salalry (break up)? This is for your understanding and jurisdiction under Payment of Wages Act.
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
You may revert to relevant points.
Name of company etc is not required so don’t post names etc .
Kumar Doab (FIN) 31 August 2018
Hope you the copies of all documents e.g; contract, secondment (if seconded to client), appointment letter, salary slips, notice of resignation and IT’s POD/acknowledgment/acceptance, handover of charge, NOC/NDC etc ..
You ay seek relief from god offices of appointing authority/MD of employer by writing reminder and narrating all interactions.
Remain gentle and amiable.
Thereafter, if nothing works, you can as per your coverage/jurisdiction approach;
Labor Inspector/ALC ( appropriate govt as in your case)
Inspector appointed under Shops & Estbs Act
Inspector appointed under Payment of Wages Act
Higher officials in dept. of Labor
Civil Courts
Take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, seasoned employee’s/trade union leaders, helpgroups, and find a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Labor/service matters as in your case, and well versed with LOCAL applicable rules/personal laws, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..
There are such very able counsels at each location.
Check for such counsels at LOCAL Labor court/CGIT, Civil courts, School-Educational Tribunal, CAT, HC, SC…
Elders of your family, competent and experienced well wishers, seasoned PIP’s, seasoned employee’s/trade union leaders, helpgroups….can also guide you to such counsels.
Employee’s/trade union leaders can also represent you.
Avinaash Menda 02 September 2018