Salary and full & final settlement not received by formar e

You have posted that:

>>> “I haven't received Month December 2014 Salary and Full & Final Settlement from my Former Employer.I worked there from Since 06 October 2014 to 31 December 2014.” 

It is not sufficient information. Whenever you initiate a query you should post:

What is this establishment registered as: Commercial,Industrial?

The office /Div. where you are posted is registered as: Commercial,Industrial?

How many maximum persons are employed in it at any point of time, before and after you joined?





The Redg Office, Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy,FnF policy that are mentioned in appointment letter and any document/webpage/portal that employee has kept in knowledge domain of employee?

What was your monthly salary?

Was any offer letter (after selection in interview), appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16, I.Card given to you?

What is the notice period inserted in appointment letter or any other policy and what is the notice period tendered by you? Did you serve full notice period?

Has acknowledgment of notice of resignation, supplied to you?

What is your designation and nature of duties? Did you have power (not just recommend) to sanction leave/increment/appoint/terminate? Can anyone cancel your recommendations?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Do you have record of attendance? Did you ever work for more than 8hrs /day and 48 hrs/week and was any OT paid? Did you claim OT?

Are you a member of any employee’s/Trade Unions?

You should provide full information, pointwise!

>>> “Since last 8 months I am following with my former employer But they are not giving me Month December 2014 Salary and Full & Final Settlement.” 

Did you narrate all representations (by phone/email/letter/in person etc) in writing ( mentioning names/dates etc) under proper acknowledgment to good offices of appointing authority/MD/Chairman etc?

Reply pointwise to all points.

Hi Doab,

Thanks for reply.

Please find your answer in below statement:

 
What is this establishment registered as: Commercial,Industrial? -> Industrial

The office /Div. where you are posted is registered as: Commercial,Industrial? -> Registered office- Ahamdabad , Posting- Delhi

How many maximum persons are employed in it at any point of time, before and after you joined?-> As per my Knowledge 11 employee

The Redg Office, Corporate Office of the company, and your reporting office was located in which state? Registered % corporate office- Ahamdabad , Posting- Delhi( deputed at Client Location)

What was your designation and nature of duties?

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy,FnF policy that are mentioned in appointment letter and any document/webpage/portal that employee has kept in knowledge domain of employee?
 

What was your monthly salary?-> 34,167 (Fixed) and 7000(Variable)

Was any offer letter (after selection in interview), appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16, I.Card given to you?-> 

Yes, I have below documents

1. Offer Letter

2. Employement Agreement Letter

3. Salary Break up

4. Octomer 2014 and November 2014 Pay Slip

5. Experience Letter and Relieving Letter

6. Salary credit Bank Statement

Its only 1 year old company and total employee less than 15 so no PF deduction, No ESI Card, No ID Card issue by employer to any employees.

What is the notice period inserted in appointment letter or any other policy and what is the notice period tendered by you? Did you serve full notice period?
Has acknowledgment of notice of resignation, supplied to you?

-> Till 6 months from time of joining there was no notice period as per Employeement agreement however I have served notice period 22 days.

Yes I have given resignation fron official mail Id.
 

What is your designation and nature of duties?-> Designation- Senior security Consultant.

 Did you have power (not just recommend) to sanction leave/increment/appoint/terminate? Can anyone cancel your recommendations?-> No

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

-> 
Yes I have given resignation fron official mail Id. Yes, I mentioned there are no task are pending from my end also I had hand over to company Laptop.
 
  
Do you have record of attendance? Did you ever work for more than 8hrs /day and 48 hrs/week and was any OT paid? Did you claim OT?

-> I was deputed at Client location and there is attendance in registered , vidieo recording is also there and IT Manager is witness.

As per my Employment agreement no OT will be paid.

Are you a member of any employee’s/Trade Unions?-> No

Let me know if you require more information from my end.

Regards
Anil Kumar Jaiswal

You have not replied to all points e.g:

“The office /Div. where you are posted is registered as: Commercial,Industrial?”

“Did you narrate all representations (by phone/email/letter/in person etc) in writing ( mentioning names/dates etc) under proper acknowledgment to good offices of appointing authority/MD/Chairman etc?”

Even if employer has inserted in Employment Agreement that OT is not applicable the agreement being private agreement shall not be deciding document but the law of the land/enactments/Acts/statue/instrument of law shall decide and in your case OT might be applicable. Download the certified copy of attendance record and claim OT.

Generically speaking: You can on your own, or thru Employees/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc, OR thru your able Labor Law Consultant/Service Matters lawyer/Law Firm..................................................and approach:

Inspector appointed under Delhi Shops & Commercial Establishments Act, if the establishment/Division/office where you were posted, is covered by the Act and you are covered by the def. of ‘Employee’ as in the Act. This Act does not discriminate between ‘Workman’ and ‘Non Workman’……………and it is inserted in the Act that in case service conditions are not defined then this Act shall govern the service conditions.

O/O Labor Commissioner; if you are covered as “workman’…………………and your counsel may opine that you are covered.

Higher/Highest Officials of Dept. of labor of your state...............

 Your counsels may opine that you can lodge complaint u/s 406,420 and file ‘winding up’ petition, civil suit for recovery etc.

Hi Doab

 
“The office /Div. where you are posted is registered as: Commercial,Industrial?”

-> Exactly unable to say because registered office is in Director own house.

Registered Office Address  -  28 DAMUBHAI COLONY, BHATTHA PALDI, AHMEDABAD, Gujarat, INDIA 380007

“Did you narrate all representations (by phone/email/letter/in person etc) in writing ( mentioning names/dates etc) under proper acknowledgment to good offices of appointing authority/MD/Chairman etc?”

-> Since last 8 Months am in touch with Manager, Director and HR over call and email also.

I have total 50000 Rupees is pending so hiring a lawyer will cost to me.

Can suggest any online government labour court where I can do complain online.

Regards
Anil Kumar Jaiswal

The employees that are not united, not member of unions, donot retain access to able Labor Law Consultant face such state of confusion.

Agitate thru unions and pay a small amount as welfare fee and you will get your monies.

The option have been explained to you.

Hi Doab,

Thanks for the information.

I have got Full & Final Settlement but they have not added below cpmponents:

1.LTA for 3 Months

2.Incentive for 3 Months

3.Leave Encashment for 3 Months

 My duration of Employment with Former Employer is from OCtiober 2014 to December 2014.

Kindly suggest where I can claim for LTA, Incentive and Leave Encashment or not.

Awaiting for your reply.

Regards
Anil Kumar Jaiswal 

Demand FnF statement.Decline to accept FnF statement.

Go thru appointment letter, CTC sheet,incentive circular, performance record, Delhi Shops & Commercial Establishments Act and if you are eligible you shall get paid. If you are eligible but not paid approach the forums and authorities already pointed out.

Thanks,

About LTA, 

As per my understanding incase of non-submission of documents for LTA claim, LTA amount will be taxable but I will get LTA after Tax deduction.