Hi..i was working in pvt company for 1 yr 1 month. I resigned on 18.11.2014 and worked till 24.11.2014. While joining i have not signed any agreement. while giving resignation they said i have to serve 1 month notice period. I received my joining letter, promotion letter, salary & experience certificate, settlement letter on 29.11.2014. They have deducted 1 month salary as notice pay. 79 days(as on 11.02.2015) as over after giving resignation till now not received settlement. They didn't reply to my dozens of emails. Now am working abroad... Now i don't know what to do and how to get my money?
From Oman, undefined
From Oman, undefined
Generally, F&F settlement requires 45 days as a policy or F&F RULE or sometimes depending upon the company it can get released in the last month of relieving/resignation itself along with other employees salaries.
As the company has provided you with the joining letter and ask for a notice pay recovery , anyways you are not eligible for getting your pay, but you are eligible for your Provident fund settlement in case if u were getting covered under PF. Else, nothing really seems due from the employer.
This decision is completely relying on the employer whether he is wishing to pay or not. The settlement letter will clarify you with more information, kindly cross-check the same from a knowledgeable person who can guide and make you explain its content well.
If there is a notice period criteria than for sure company is having a right to recover from your salary and you remain with no right to ask for it.
Regards
Swapna Samant
From India, Mumbai
5As the company has provided you with the joining letter and ask for a notice pay recovery , anyways you are not eligible for getting your pay, but you are eligible for your Provident fund settlement in case if u were getting covered under PF. Else, nothing really seems due from the employer.
This decision is completely relying on the employer whether he is wishing to pay or not. The settlement letter will clarify you with more information, kindly cross-check the same from a knowledgeable person who can guide and make you explain its content well.
If there is a notice period criteria than for sure company is having a right to recover from your salary and you remain with no right to ask for it.
Regards
Swapna Samant
From India, Mumbai
Thankyou for the reply.
Forgot to mention few things.
1. Joining letter was given after last working day in Company (joined date 21.10.2013, resigned on 18.11.2014, last worked on 24.11.2014, joining letter received on 29.11.2014).
2. While joining they didnt mention that i have to serve 1 month notice period before leaving company.
3. In f & f letter they mentioned 1 month salary deducted as notice pay but in joining letter they have mentioned 2 things
a) Employee has to serve 1 month notice period before leaving
b) In case of failure ,company will deduct notice pay amount from his salary( it includes BASIC+HRA ONLY)
They have deducted Rs 12569/- whole month salary instead of 9000 [ basic (7500)+HRA(1500) ].
From Oman, undefined
Forgot to mention few things.
1. Joining letter was given after last working day in Company (joined date 21.10.2013, resigned on 18.11.2014, last worked on 24.11.2014, joining letter received on 29.11.2014).
2. While joining they didnt mention that i have to serve 1 month notice period before leaving company.
3. In f & f letter they mentioned 1 month salary deducted as notice pay but in joining letter they have mentioned 2 things
a) Employee has to serve 1 month notice period before leaving
b) In case of failure ,company will deduct notice pay amount from his salary( it includes BASIC+HRA ONLY)
They have deducted Rs 12569/- whole month salary instead of 9000 [ basic (7500)+HRA(1500) ].
From Oman, undefined
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