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G ARUN KUMAR (Controller- National sales)     04 March 2012

Full and final settlement not done

I resigned from my previous organisation 11 months ago and till date my full and final settlement is not done, although I successfully served my them notice period and got relieved from the the job on 31st march 2011, I have met them many a times and was assured of the clearence.  Every time i call them and meet them they have been siting the reason that they have not received payments from the parties dealt by my  team members and was responsible for the same. I was also told thru sources that since i have joined the competition, because of this my settlement is held back and do not have any intentions of clearing it. I have been following them regoriusly for the past 11 months and would like to get my rightious dues cleared. Please help with appropriate guidelines to get my dues from them.

Thnx.........



Learning

 2 Replies

Kumar Doab (FIN)     04 March 2012

You have posted that "they have been sitting the reason that they have not received payments from the parties dealt by my team members and was responsible for the same."

Employee should record such situations ( audio/visual).

The order is placed by party to company and goods are supplied by company based on terms and conditions expressed on bill/contract with the parties. It seems that you have not procured the orders but your sales team has generated a demand and due to demand party placed order and company supplied the goods. If parties are not paying company has to initiate the process of recovery of payment/calling back the goods. Usually companies keep them safe by getting LR favoring self so that in case of a situation company can call back the goods or exercise influence thru transporter.

It is felt that your monthly wages were > Rs.16000/pm and you are not a workman.

You may submit a gentle representation by letter thru redg post addressed to the good offices of your appointing authority, MD/CEO, Head-HR, Company Secretary mentioning that you have honored your commitment by giving/serving notice of resignation, submitting company property, completing exit formalities, and list out all representation made by you so far with date, name designation, department, address of company official, of representation by phone/email/letter/in person and promises made out in each representation and mention that a self addressed redg post cover ( obtained from post office) is enclosed herewith for reply by letter on company letterhead under original seal and signature by hand of good offices must reach you say within  next 15 days failing which you shall be constrained to approach the institutions of lawful authority, courts of law, print and electronic media, NGO's, Social-Legal-public forums, Govt. regulators/ministries/minister, O/o PM/President of republic at their cost and consequences. You may list out the pending payment of earned wages, reimbursements, incentives, etc and also mention cost of each representation including traveling expenses, phone calls, printouts, typing charges, courier/redg post/email/internet charges parking charges (each and everything), and interest on delayed payments, damages, demurrages etc and demand payment by bank DD only so as to reach you within next 15 days. You may also demand work experience /service certificate, PF number/accumulation reports/withdrawal-transfer forms, FNF statement, relieving letter, form 16 etc if it has not been supplied to you.

If the company does not reply and pays you may visit a competent and experienced service lawyer with all records and give inputs in person and your lawyer shall evaluate the merits and decide on appropriate forum e.g. o/o Labor Commissioner/Wages Inspector, SE act, civil suite for recovery. If you are not workman the limitation period is 3 years.

G ARUN KUMAR (Controller- National sales)     04 March 2012

Thnx  Kumar for your prompt reply.......shall take it as suggested and would keep your posted.

Regards

Arun


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