Arpit Bhardwaj 17 July 2016

Non payment of full & final settlement- 4 months plus overdu

Dear Sir,

My company suddenly asked me to put my resignation and said tht they will pay me salary of one month. I resigned on 10th Feb2016 and was asked that i need not to come to the office. They informed me that incase i get a job before the extented 1 month of time to avoid dual employment.

SO i informed them once i got a new job and my last working day in the organization was shown is 8th March 2016.

After 2 months i got my experiece certificate (on company letter head , signed by HR head)which mentions me working till 8th March but now i have not got my salary of Feb and March (til 8th march) as i was told i would get it in my full and final settelment.

Now HR says (over email from official ID) that the chq is ready by the CMD of the company hasnt sign it and we cant do anything till he doesnt signs it. I have sent numerous email to cmd and msgs but havnt got any positive response .

Please suggest as i am really fed up following it up with the company .

Thanks

Arpit

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4 Replies

Kumar Doab (FIN) 17 July 2016

Apparently the situation seems to be in your favor (without examination of any document/ communications on record).

Rest depeneds upon how you applied your skills.

It seemed to be severance package/understanding.

The catch is your request to allow to be on rolls until you find employment and that you were asked to resign and that you were asked not ot attend office till LWD, is in writing or not?

It is certainly on record that you were on rolls.

If you have exahausted all option and negotoations you may approach a very able counsel specializing in Labor/service matters.

Arpit Bhardwaj 17 July 2016

Thanks for your response sir.

Actually, i did not asked them as its a un-said rule in our organization, whenevr anyone is aked to resign which is happening a lot these days in our org he is given a one month salary and is asked not to attend office.

Unfortunately, this is not on papers and later it came as a concner for me as well, so for that will these 2 points help me

1) The written document with states my last working day on letter head.

2) Even if they consider it as leaves, i had an approx balance of 15-18 days leave which should still componsatate.

so, i think my working days still turns out to be

A) 1st feb - 9 th feb (till the time i was comming to work everyday)

B) Approx 24 woking days till my last working days (10thfeb-9th mar) where around 15-18 was my leave balance.

Yes, i have almost tries everything so please if you could giude me how to proceed further . Also, shall i write an email first warning them that i might take an legal action ?

Thanks for your patience

P. Venu (Advocate) 18 July 2016

Instaed of warning, you may serve a Notice through an advocate for early settlement of the dues; it serves the purpose better.

Kumar Doab (FIN) 18 July 2016

Notice the goof offices of appointing authority,MD etc to tender earned wages till last working day, supply acknowledgment of notice of resignation and acceptance of resignation, correct FnF statement showing earned wages/leave encashment/bonus/OT/reimbursments etc , payment of FnF dues, salary slips of all months, service certificate ( with good comments), relieving letter ( with good comments),PF a/c slips of all months, ESIC card, handover of charge, NOC/NDC etc ...............

Apply your skills and avoid insertion of any adverse/negative remarks in personnel file or service certificate, relieving letter and rather get good comments and close the matter.

Get clearance in BGV/reference check and clear off the matter.