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Bikash Sharma (EXE)     27 September 2017

No dues declaration before payment

Respected Experts, please let me know if a company can compel me to sign a NO DUES DECLARATION without making payment of my receivables agains Salary and reimburshment


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 5 Replies

kameswarao S (Head HR)     29 September 2017

Dear mr.Sharma

If I am not wrong the Management representatives are asking for No-dues certificate from the your Head of the department, other department people.  In general before completing full & final settlement the out going employee need to obtain clearance from all the concerned departments after returning / handing over the tools, instruments, ID card, Laptop, Mobile sim, files & documents etc., and submit to the HR so that HR will advise the accounts department to release the full & final settlement amount.

Until and unless you submit the no dues certificate the full & final settlement is not initiated.

Regards

kamesh

Bikash Sharma (EXE)     29 September 2017

Thanjs Kamesh Sir, Actually , its the CEO himself is asking me to furnish a NO DUES DECLARATION, whereas the content and objective of the draft he sent me to furnish was as below ""To, CEO & CFO, Xxxxxx xxxxxxc Pvt Ltd. Sub: Settlement of my pending dues Dear Sir, I, AAAA , Worked with Xxxxxx xxxxxxc Pvt Ltd. as a Research Executive. My final remaining receivables, including salary and expenses to be reimbursed dues, net of the advances paid by the company, is Rs. Xxxxxx(Xxxxxx xxxxxxc only). I declare that there will be no outstanding dues once above mentioned amount is paid to me by Xxxxxx xxxxxxc Pvt. Ltd.. I also declare that I will continue to maintain the confidentiality of my work at Dexter, and that I have no communication with any other party about any aspect of it, including but not limited to my remuneration and dues. I also declare that once my above mentioned dues are paid, I will duly inform any other parties or individuals about the same if I have in the past given them any information about any of the aspect mentioned under the confidentiality earlier. Yours Sincerely, Xxxxxx xxxxxx"""

Bikash Sharma (EXE)     29 September 2017

There is no such departments or department head... Actually its a long pending dues receivable, and fact is that if i dont claim they are with a mindset of not to pay. And when i tried communicating to finalise the receivables, and when its done, now they have raised a new point to delay it further by means of the so called NO DUES DECLARATION , that too in advance without paying me my receivables. whereas the amount has been finalised with confirmation and agreed by both.

Sunil Sadar (associate consultant)     02 October 2017

 I fully agree with Kameshwara Rao.Mr.Kamlesh,probably you may notbe aware above this HR procedure,which is common in mostof the industries. Here, the word "NO DUES "refersto the fact that you don't owe any property/document/recordwhich is owned by Company,but may be in your custody by virtue of the position/role,, for which you were appointed.If youclearly read the contents of the "noDues" formyou may find that it doesnot say any this about  the dues youhave to take from the Co./from your employer.and supposethere is nostandard formfor"no dues".You can simply write on the plain paper" names of various departments and obtain their remarks"saying there are no dues/ there are no materia/files/records/money etcl to be collected from you".

Hence, request you toplease read the contents of that "no dues certificate'or just create a one as mentioned above.

regards

Sunil Sadar (associate consultant)     02 October 2017

 I fully agree with Kameshwara Rao.   Mr.Bikash,probably you may notbe aware above this HR procedure,which is common in mostof the industries. Here, the word "NO DUES "refersto the fact that you don't owe any property/document/recordwhich is owned by Company,but may be in your custody by virtue of the position/role,, for which you were appointed.If youclearly read the contents of the "noDues" formyou may find that it doesnot say any this about  the dues youhave to take from the Co./from your employer.and supposethere is nostandard formfor"no dues".You can simply write on the plain paper" names of various departments and obtain their remarks"saying there are no dues/ there are no materia/files/records/money etcl to be collected from you".

Hence, request you toplease read the contents of that "no dues certificate'or just create a one as mentioned above.

regards


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