Dear sir,
I have been working in a BPO company since December 2012, now I am resigning from this company due to some personal reason. I had given my resignation letter on 16 jul 2013 and now I am in my notice period as per company's policy. My notice period ends by 14th of this month. When I had a word with the HR they told me that they will provide my previous, current month's salary as well as my 4 month's over time after 45 days, which is not mentioned in my contract letter and they are holding my previous month's salary. Please suggest ASAP what are all the legal action's would I take against the company to get Complete Income in this month.
Thanks in advance.
Regards
Mr Akhilesh Roy
From India, New Delhi
I have been working in a BPO company since December 2012, now I am resigning from this company due to some personal reason. I had given my resignation letter on 16 jul 2013 and now I am in my notice period as per company's policy. My notice period ends by 14th of this month. When I had a word with the HR they told me that they will provide my previous, current month's salary as well as my 4 month's over time after 45 days, which is not mentioned in my contract letter and they are holding my previous month's salary. Please suggest ASAP what are all the legal action's would I take against the company to get Complete Income in this month.
Thanks in advance.
Regards
Mr Akhilesh Roy
From India, New Delhi
Hello Akhilesh,
You should have got the over time upto June unless they are paying overtime once in 6 months.
About holding your salary for 2 months...
Ideally a company does F&F only on the last working day....
Meaning if you resigned on 16th july and have to serve 1 month's notice which means your last working day will br 15th aug. since 15th is a national holiday, your last working say is 14th aug.
All your dues means
- Salary for July
- Salary for 14 days of Aug
will be paid together on 14th Aug itself.
Apart if there are any other dues, they'll pay you that as well.
If they are to deduct any claims on you (like if you have taken advance salary or something) they'll deduct it from the F&F and then give you the net pay.
Hope this cleared your doubts...
From India, Mumbai
377You should have got the over time upto June unless they are paying overtime once in 6 months.
About holding your salary for 2 months...
Ideally a company does F&F only on the last working day....
Meaning if you resigned on 16th july and have to serve 1 month's notice which means your last working day will br 15th aug. since 15th is a national holiday, your last working say is 14th aug.
All your dues means
- Salary for July
- Salary for 14 days of Aug
will be paid together on 14th Aug itself.
Apart if there are any other dues, they'll pay you that as well.
If they are to deduct any claims on you (like if you have taken advance salary or something) they'll deduct it from the F&F and then give you the net pay.
Hope this cleared your doubts...
From India, Mumbai
Dear mam,
As per word with my company they do F&F after 45 day's of my resignation. So basically I can't wait that long for my previous months salary. So please suggest ASAP ..
Thanks
Regards
Akhilesh Roy
From India, New Delhi
As per word with my company they do F&F after 45 day's of my resignation. So basically I can't wait that long for my previous months salary. So please suggest ASAP ..
Thanks
Regards
Akhilesh Roy
From India, New Delhi
Please let me know the procedure of calculating 45 days for full and final. I gave one month notice on 4 July and my last working day should have been 3 Aug. Now should I calculate 45 days from 4 July or 4 Aug?
My company is not paying my full and final, which includes reimbursement for May, June and July and salary of July and 3 days of Aug.
What is the procedure of taking help of labour court?
From India, Haryana
My company is not paying my full and final, which includes reimbursement for May, June and July and salary of July and 3 days of Aug.
What is the procedure of taking help of labour court?
From India, Haryana
Hello Akhilesh,
You can talk to your HR and request them since you will not be getting 1 and half month's salary for the next 1 and half month, it would be difficult for you to meet ends..
You can request them to release the F&F on the last working day and if require they can hold the letters and release the letters after completion of all process.
Or you can suggest that they pay you atleast July's salary so that you have atleast something in your hand.
Actually when a person resigns, the company has to inform the PF authorities and do other formalities which takes about 45 days. Hence they must have said that you can collect F&F directly after 45 days. Just ask the HR of your company and try to negotiate the deal.
All the best.
From India, Mumbai
You can talk to your HR and request them since you will not be getting 1 and half month's salary for the next 1 and half month, it would be difficult for you to meet ends..
You can request them to release the F&F on the last working day and if require they can hold the letters and release the letters after completion of all process.
Or you can suggest that they pay you atleast July's salary so that you have atleast something in your hand.
Actually when a person resigns, the company has to inform the PF authorities and do other formalities which takes about 45 days. Hence they must have said that you can collect F&F directly after 45 days. Just ask the HR of your company and try to negotiate the deal.
All the best.
From India, Mumbai
Simran,
The mode of calculating 45 days in such cases ideally I believe is from your last working day. Reason stated above.
However, in order to be very clear on the process and practices followed by your company, why don't you directly as the HR and the concerned person of your company?
All the best.
From India, Mumbai
The mode of calculating 45 days in such cases ideally I believe is from your last working day. Reason stated above.
However, in order to be very clear on the process and practices followed by your company, why don't you directly as the HR and the concerned person of your company?
All the best.
From India, Mumbai
Hi The HR is also a new person and what ever we ask him, he says that he does not know anything and we should ask the CEO who has to sign our cheques. Every body is trying to make a fool out of it.
From India, Haryana
From India, Haryana
Note that -
Just because HR is new to the person he cannot use it as an excuse.
Fine he may not know the process, but in such case, it should be him who should be reaching to CEO and seeking his help on the matter.
Secondly, as suggested by your HR did you ask the CEO when would the pay be released?
Ask them to give in writing over company's letter head.
Ideally over your relieving letter they should have had mentioned how long the processing of your F&F will take and when would you be given the cheque.
This writing over company's letter head ensures that they are liable to pay you the said amount and it gives an assurance to the employee that his money is safe and he shall receive the pay cheque in few day's time...
I would suggest you to write an email to both - HR and the CEO individually asking when shall you be paid your F&F and to give the same thing over writing.
Hope this helps...
From India, Mumbai
Just because HR is new to the person he cannot use it as an excuse.
Fine he may not know the process, but in such case, it should be him who should be reaching to CEO and seeking his help on the matter.
Secondly, as suggested by your HR did you ask the CEO when would the pay be released?
Ask them to give in writing over company's letter head.
Ideally over your relieving letter they should have had mentioned how long the processing of your F&F will take and when would you be given the cheque.
This writing over company's letter head ensures that they are liable to pay you the said amount and it gives an assurance to the employee that his money is safe and he shall receive the pay cheque in few day's time...
I would suggest you to write an email to both - HR and the CEO individually asking when shall you be paid your F&F and to give the same thing over writing.
Hope this helps...
From India, Mumbai
Hi Ankita
Thank u so much for ur help.
My head office is in Gurgaon and it's not possible for me to meet the CEO face to face. I had gone there twice and he purposely did not come. When he came, he simply asked me to bring advance from the schools whom I was servicing. I had been writing to my boss while keeping the CEO and HR in cc that the school will not pay advance as they have not seen or met the person who will be going in my place. Secondly the schools gave me advance payments earlier, as I had good rapport with them.
They are just harassing us (me and some more employees). We have not been given any relieving letter. I had sent my resignation cum one month notice through email and but did not get any confirmation of acceptance from them. I have also submitted their assets in good condition.
Please suggest.
From India, Haryana
Thank u so much for ur help.
My head office is in Gurgaon and it's not possible for me to meet the CEO face to face. I had gone there twice and he purposely did not come. When he came, he simply asked me to bring advance from the schools whom I was servicing. I had been writing to my boss while keeping the CEO and HR in cc that the school will not pay advance as they have not seen or met the person who will be going in my place. Secondly the schools gave me advance payments earlier, as I had good rapport with them.
They are just harassing us (me and some more employees). We have not been given any relieving letter. I had sent my resignation cum one month notice through email and but did not get any confirmation of acceptance from them. I have also submitted their assets in good condition.
Please suggest.
From India, Haryana
As per the payment of wages act, paynet of wages must be done within 2 days of termination of employment. Rest of the amounts for full and final settlement must be done within 30 days of the termination of emplyment.
There is no provision allowing holding back of wages for any reason. In fact for failure to pay wages (wages includes salary) by the 7th of the next month entails a non compliance, for which penalty can be up to Rs. 7500 per incident.
However, payment of wages does not apply where wages is more than 18000 per month (which I suspect bpo pay).
Read the act, show e relevant rules to the HR
Most probably he will not know about the salary limit and will process your payment quickly.
You can complain to labour office, but I doubt if the action will come in time for you
From India, Mumbai
There is no provision allowing holding back of wages for any reason. In fact for failure to pay wages (wages includes salary) by the 7th of the next month entails a non compliance, for which penalty can be up to Rs. 7500 per incident.
However, payment of wages does not apply where wages is more than 18000 per month (which I suspect bpo pay).
Read the act, show e relevant rules to the HR
Most probably he will not know about the salary limit and will process your payment quickly.
You can complain to labour office, but I doubt if the action will come in time for you
From India, Mumbai
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