You have posted that:
--“ My last working day with my company was 9th Januay 2013 with notice period.”
You are entitled to get payment of your wages up to this date in addition to salary for Dec.
--“ They have give me employment certificate and releiving letter.”
Reliving letter is issued post all settlements by employee and confirms that nothing is due at the end of employee.
Hence FNF statement should be issued and FNF dues should be paid.
--“ he has reversed it in december and told in Germany we have created false bill and hence fired.”
Has the company leveled any charge on you in writing and has it issued any show cause notice and conducted any inquiry.
You have submitted notice of resignation, have served full notice period and have resigned.
Have you mentioned in your notice of resignation or subsequently that it has been extracted by applying pressure, force, and coercion in office premises.
If yes you could have termed it deemed termination.
You could have withdrawn your resignation.
--“Their normal practice is to delay the Full and Final Settlement and last salary.”
All employees can join hands and be witness to each other.
The service conditions are given in standing orders of the company {if standing orders are applicable but have not been certified refer to model standing orders}, contract of employment/appointment letter.
You may approach a competent and experienced labor consultant/service lawyer with copies of all of the documents and records and discuss in person.
Your lawyer may ask you a set of structured questions and may opine that you are within the category of a workman.
You may go thru:
-- model standing orders:
. 13. Termination of employment: (3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
17. Liability of 17[employer].—
18. Exhibition of standing orders.--
--Payment of wages Act; 3{vi}, 5,13A, 15, 16, 19, 20….
3*[(vi) "wages" means all remuneration (whether by way of
salary, allowances or otherwise)
(d) any sum which by reason of the
termination of employment of the person employed
is payable under any law, contract or instrument
which provides for the payment of such sum,
whether with or without deductions, but does not
provide for the time within which the payment is
to be made;
--You can claim payment of wages under SE Act if it is applicable to your establishment.
In a given situation employee can invoke the provisions of IESO Act, SE Act
{Approach Inspector under SE Act}, Payment of wages Act {Wages Inspector}, ID Act,
as per explanation of employee under these enactments.
Your company may yield to legal notice by your lawyer, demand notice of conciliation officer, or notice from Inspector, or you may have to agitate in the appropriate forum.
