Regarding FnF sattelment from company

As per your post:

The termination order has mentioned about Integrity Issues……………..that could be private/internal for  ‘Misconduct’ to avoid payment of Notice period applicable in your case as per appointment letter/contract of appointment-employment………….or enactments that apply in your case…

The FnF has been stopped until clearance from market…………

In other words the establishment does not want to tender any payment to you.

You have also posted that acts of the company are without any opportunity of hearing and natural justice……….

Hope you have the evidence that the allegations leveled against you are false of flimsy…

If you are covered by the def. Of ‘Workman’ as in ID Act you can approach the appropriate forum of appropriate govt……………….

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?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

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……………?

Dear Sir 

Please find the below update.

What is this establishment; Commercial, Industrial?   Industrial.

What is its nature of business say; IT, ITeS? IT based (Mainly they are making Mobile Device)

How many persons are employed in it? Approx 5000.

What is your designation and nature of duties? Field Force Manager. To mange Sale in and Sale out of Distributors, Moniterning sales of Sales Promoters and market compliance.

How many persons report to you? 15

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? only share the suggestions to higher managements for leave/increment/appoint/terminate/appraise of my all reportees.

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing? Sate is West Bengal, worked for 6 Months.

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

What is notice period as per appointment letter/offer letter and what was notice period tendered by you? 7 Days. I have tendered 9days.

Was ever any stinker, memo, show cause notice on any misconduct issued to you? No.

Does the establishment have its appraisal system? Yes but if Reporting manager promote then HR will process.

Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? Don’t have any Apprasial forms, but I have KRA’s and performance mails.

How was your performance? Minimum 80% is required but I have consistently achieved 98%

Are you a member of employee’s/trade unions? No.

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……………?

I have offer Letter, appointment letter, salary slip, PF number, rest is not provided yet.

The termination is communicated by citing integrity issues and probably during termination notice period of 9days you were communicated the exact issues and explanation was not sought.

Did you deny the integrity issues in writing or ask in writing what are the issues so that you can submit your explanation?

Until or unless the state has exempted the industry/establishment the standing order should apply.

Check again if the exemption was granted or not !

If not, the standing orders were certified and did these cover your designation?

If standing orders were not certified but were applicable then Model Standing Orders should apply.

You might be covered if you are covered by the def. of ‘Workman’ as in ID Act.

You may go thru:

The West Bengal Shops and Establishments Act, 1963; 2{(2)(10)},3,15

https://www.wblc.gov.in/sites/default/files/The%20West%20Bengal%20Shops%20and%20Establishments%20Act-1963%20.pdf

and check if the div/dept you were employed with was covered by the Act and you shall be covered.

The establishment shall agitate that you are not covered by either of these.

If you are indeed not covered then you may have to approach Civil Courts as Party in Person or thru a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record in such matters.

What is mentioned in appointment letter, service rules, HR policy, etc issued to you especially on Termination due to integrity issues?

The establishment as per your post has not made any descripttion of integirty issues to you.

In case you are not given any opportunity on hearing and natural justice you can agitate.

The unions in your state have traditionally been active and you can seek their support.