Full and final settlement not paid

Prima Facie with the contents which you have pasted of the Auto Generated email it appears that the company is NOT at fault and they have clearly communicated you that the Notice Pay  Wavier = N means Not Waived. Whereas Notice period Wavier = 71 days implies that the company is OK for you to leave 71 days in advance however, subject you reediming the Pay back to the company. 

You should have clarified the matter with your reporting manager in black and white. 

Well this is my POV and lets see if we get some more inputs from other esteemed members of this forum

 

I read notice pay wavier N as pay not required . Also my reporting manager is on my side on this he also read it as pay not required because if it means pay is required it should mention the amount to be paid

In your very long descripttion, you have nowhere mentioned, whether you gave a clear notice with specific mention of three months or the effective date of resignation.

If you failed to specify the period of notice or the effectiveness date of your resignation in the resignation letter, you can't blame the company for your own mistake.

 

Originally posted by : Akash
	I read notice pay wavier N as pay not required . Also my reporting manager is on my side on this he also read it as pay not required because if it means pay is required it should mention the amount to be paid

 

Mr. Akash,

In addition to Mr. Dhingra's observation, I must also say, if not got clarified on time, your interpretation won't help you. It is the company, who can interpret what for 'N' mentioned in their reply, not you.

 

Mr. Jigyasu has also observed rightly about your case. There is no use of beating the line after the snake has passed away.

So, if there is any truth in your case, just check, what your resignation notice contained, instead of discussing academically by hitting in the dark and causing wastage of precious time of experts to guess what is what of your case.

 

Dear LCI Querist @ Mr. Akash,

As alleged/abused;

Are you fake?

Is your ID fake?

Is your query fake?

Are you wasting time or sharing a real life situation?

 

 

 

 

Who time is precious, a time waster that litters thers threads at LCI , with IT's Trademark TAMASHAA, nuisance, abuse?

A time waster is abusing and calling IT's time as precious?

 

Originally posted by : Akash
	hi All, I was working for IT MNC in Pune Maharastra. On 2nd June 2017 I resigned from the job. My company had notice periof of 90 days and I was ready to serve complete notice period. But when I resigned I was not assigned any project to work on and was on bench. So my manager decided to releive me early as there was no point in assigning me new project, which I would take couple of months to learn and then they had to find my back up as I was not ready to pull back my resignation. So  on 19th June 2017 it was decided that they will releive me from service on 20th June 2017 next day. And I have recieved my Last working day email as 20th June 2017. I also received auto generated email as below on 19th June 2017 ---------------------------------------------------------------------------------------- This is to inform you that your resignation has been accepted by your Reporting Manager. Your Last Working Date has been selected as - 20-JUN-2017. **Notice Period Waiver - 71 **Notice Pay Waiver - N Notice period / pay waiver has gone for further approval. You will be notified accordingly. Note: Your salary for last 45 days will be henceforth withheld and paid with the full and final settlement. **LWD/Notice Period waiver / Notice Pay waiver are subject to approvals.These are not the final dates. ---------------------------------------------------------------------------------------------------------- So on 20th June 2017 i submitted all my clearance and left the firm. I wait for 45 days for my full and final settlement. But in the final settlement that have charged me with pay of 71 days as I served notice period form 2nd june to 20th June only. When I enquired about notice period waiver they said that only notice period was wavied and pay was never waived as in the email Notice pay wavier is N. When I said them that it was organizations decision to releive me from services just after 19-20 days of service so the pay should also been wavied off, they are not replying to it. Now I am charged with 71 days of notice period pay and I am asked to pay money to company. Is there any leagal option for me ? I was not aware Notice pay N meant pay is not waived, else i would i filgt for it . I thought its will be approved in some time as everything was done in hurry and so I left the firm with out checking on it Can i get my pay of june month from company by any legal action on them ?

 

From sequence posted by you it is felt that employer and Its attorney's in Line Mangement/HR/Admin/Legla cells had NO work/project for you and  did not want you to complete the notice period.

If you have obtained in wrirign from yur boss/manager that you are not required to serve the notice period then it can be sufficient, more so if internal/private policy of the establishment, lays down that manager is stake holder and has to approve the notice/resignation/notice pay.

 

In such case if establishment has asked you to sit on bench i.e; ideal, without work and then asked to leave arbitrarily deciding your LWD then it can not ask for notice pay.

 

You just need to sew up and present the case properly and relpy properly..

 

If company has asked you to go then it can not ask for notice pay..........

The action may amount to Termination and employer and its designated attorney's are liable to process and tender notice pay to you.

Without any hesitation approach elders of your family, competent and experienced well wishers, seasoned employees'/trade union leaders,a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/Service matters and having successful track record.

The company, employer, and attorney's of employer in Line Management/HR/Legal cells are not interpretors and can not interpret anything that suits tp their conveninece or ill designs..........

 

The facts of the matter shall decide and not internal interpretations...

The notice period of 90days may not neccessarily be applicable in your case.

The employee should access unions and become properly informed.

Use the inputs that you gather to be properly informed in future and also to make fellow employees proeprly informed.

 

 

While posting such queries employee should post basic information!

What is this establishment; 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?

 

Do standing orders (model/certified) apply to establishment and your designation? ( Apparently NO)

What is notice period as per appointment letter/offer letter and what was notice period tendered by you? ( Noted;30days)

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……………?