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N K Sharma (manager)     10 September 2013

Full & final settlement not releasing from ex employer

I had worked in Minda Corporation for 3.5 years, 3 months back I resigned from my service & completed 1 month notice period, during the notice period management pressurizing me to withdraw resignation, which I had not accepted, after completion of notice period also they are not interested to release relieving letter, which they released 2 days after my last working day in that company, after that from last 2 months I’am continually following them for my full & final settlement amount, for this 2 times I had gone to that company also, but every time they said that it is under process we’ll release the full & final amount after getting approval from president, every week I was sending them mail for clearing of my full & final amount, last week HR sent me reply on mail that during my tenure thy had observed material discrepancy for this I have to clear it after that they’ll release my full & final amount, I had replied them that I had completed my notice period, I had received my relieving letter, and it is unethically to blame on my honestly after 2 months when I’am not in that company, and it is not possible for me to come again to your company for clearing your dispute, as it is time consuming which takes minimum 4-5 complete day’s and secondly at present I’am not the employee of that company than why you blaming me after 2 months, so kindly suggest me what I’ll do ( as I have relieving letter & resignation acceptance letter), how I’ll get my full & final amount kindly support me. I have financial problem due to this as in full & final amount my 1 month 8 days salary is also included, I’am unable to pay my insurance premium which is due as my that salary is in hold, I had borrowed money from friends during notice period for payment of my monthly loan amount, kindly support me as I’am in big trouble. I ex employer is able to hold full & final settlement after relieving from the job and after issuing relieving letter. Kindly support me.


Learning

 4 Replies

Kumar Doab (FIN)     10 September 2013

You have posted that:

--------“last week HR sent me reply on mail that during my tenure thy had observed material discrepancy”

Is their any material discrepancy as per your?

If there is none then you may cite the facts that from period date of notice to date of acceptance you have been to all depts., bosses and in the manner and style suitable to them you have co operated to all advices to you and has handed over the charge and thereafter only company has issued proper ‘Relieving letter’.

Relieving letter signifies that there is nothing due against employee and employee has been properly relieved.

It could be the reason that since the HR personnel and company has delayed FNF statement and settlement/payment of FNF dues it wants to transfer the onus on flimsy grounds and do not want to be charged by Labor Officials…………………………..

 

--------“ it is time consuming which takes minimum 4-5 complete day’s “

 

Has the company supplied any detail of the material discrepancy?

Have you demanded and has it agreed to pay the wages for 5 days and expenses to travel to the company, food allowance, boarding/lodging etc………………

----------If you are not at any kind of fault you may approach:

Good offices of appointing authority, MD, CEO, Chairman, Company Secretary, by letter thru redg. post 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 no one ever pointed out any discrepancy or anything else and now it is a ploy to delay the payment of FNF dues further and their averments are false allegations……………………….

Request the good offices to resolve and provide relief and supply the payment of FNF dues, correct FNF statement by bank DD only thru redg. post only so as to reach you in say next ……………7 days……………….

 

If the good offices also do not provide any relief you may approach:

 

Labor Consultant/Service lawyer; The legal notice from your lawyer may drill sense into the heads.

Trade Union Leaders: They know the precise ways to handle such employers.

O/o Labor Commissioner; labor Inspector………..

Inspector Under Shops and Commercial Establishments Act

Inspector Under Payment of Wages Act

 

It shall be appropriate to show all docs 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. 

 

 

 

N K Sharma (manager)     12 September 2013

Kindly suggest me what action I'll take to clear my F&F due to this I'am in trouble and undergoing mental harassment.

N K Sharma (manager)     12 September 2013

Kindly confirm, is ex-employer is having authority to hold F&F by blaming about material descripency after 2 months which they had not mentioned till last day in company, I have relieving letter & resignation acceptance letter, & I had completed notice period & completed exit formalities., I had some personnel dispute with account person , so he is trying to blame on me & hold F&F. What safety measures & action I have to take to recover F&F.

Kumar Doab (FIN)     12 September 2013

 

You have posted that:

 

 

“I had completed notice period & completed exit formalities.”

Were you asked to obtain NOC/NDC from various dept/dept heads so as to complete the exit formalities?

30 days is sufficient to complete the process of finding out payables by employee and payables by company.

Relieving letter signifies nothing is pending and payable at the end of employee.

Has the company supplied FNF statement also?

If you wish to avail the services of LCI lawyer you can conduct search at: https://www.lawyersclubindia.com/lawyers_search/#.UjFrbNKAqWM

e.g;

jagadish paranjape

darshana sawant

The list of related lawyers is flasshed by LCI at the bottom of the web page initiated by you. Your near and dear ones can also guide you to lawyer.

You may represent to good offices of appointing authority, MD highlight the details and demand payment of your legitimate dues.

 

 


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