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rajeev (finance mgr)     06 September 2012

Unsettled employment dues

Dear Sir,

I have Switched to a small Company in Dec`2011 in Account`S Section.  After Four   month`S only, in April`12 the Company told me orally to resign. I have tendered my resignation through mail alongwith 30 days notice period & served the notice period.  On last working day, I have handed over  keys , Corporate Mobile SIM & other things to a colleague. It is worth noting that for Corporate Office, there is no system of formal attendance.

Now it has been 4 months since my resignation, neither they are settling my dues nor giving any timing for that. They have also kept pending my PF account. Two  month  after my resignation,  they orally told me that  an amount of Rs.3.20 Lacs Cash dealing is not traced, which is received at the  office after submission of my resignation but during notice period. I got shocked as I was not involved at all in this transaction and also not cognizant  of the fact.  I was also told that although you are not involved in the transaction, but you was  the Finance Manager and hence have to be responsible for that.  So let first that issue got settled then we would consider your claim.

The Company has a long history of unsettled claims of resigned employees, Now I`m totally at a loss. Pls. suggest - What steps should I take to recover  my dues , relieving letter & experience letter? Following are the additional query in this relation:

1)      I don`t know my PF no., How can I recover my PF ?

2)      Whether formal attendance is a necessity, although I`ve the Joining letter?

3)      Can the Company charge me for that amount  without having any documentary proof?

4)      Whether resignation given by E-mail is enough for the purpose?

Pls. suggest me the right way to come out.



Learning

 1 Replies

Kumar Doab (FIN)     08 September 2012

In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court. Designation alone does not decide employee is a workman or not. You may check if Industrial Employment standing orders Act is applicable to your industry. If certified standing orders are not framed model standing orders shall apply. Service certificate is to be supplied under this act and payment of wages on last day in office or within next 2 days.

SE act also makes it mandatory to pay wages on specific pay day or within 7th-10th of next month. Attendance and other records are to be maintained by employer. Employers enter salary in expenses and maintain record.

If your wages are up to Rs.16000/pm you can lodge complaint under Payment of Wages Act.

Company has to issue PF number, PF account slip to you. Write to company under acknowledgment and then proceed to lodge a complaint under acknowledgment with PF Inspector and APFC/RPFC.

You have posted that:

--“I was also told that although you are not involved in the transaction, but you was the Finance Manager and hence have to be responsible for that.” As an employee you may record such transactions {audio/visual} and keep some evidence e.g. a fellow colleague.

Company has not issued any memo, charge sheet to you. You are not involved.

--“The Company has a long history of unsettled claims of resigned employees”

All such employees may join hands and be witness to each other. All of them may raise their claim for payment of pending wages thru bank DD only by redg. post only, in writing under acknowledgment.

 

 


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