Sir,
I resigned from the services of the company w.e,f 7th Jan’2016….Infact I was asked to resign due to cost-cutting with a verbal assurance that my salary and all my field expenses will given to me during my F&F settlement by the earliest.
But till today neither I have got my salary nor my expenses , inspite of my repeated reminders to them.
The only thing that I received from them is my resignation acceptance copy via mail. As instructed in the mail, I even handed over all my company property to them, and no outstanding is there against my name.
Not only are they yet to settle my F&F, but they are also not giving my salary slips, Form-16, and Relieving letter, inspite of my repeated reminders and which has not helping my cause on numerous aspects.
Kindly suggest me on three things:-
1. How do I recover my hard earned money from them?…. Which could be the best possible way?
2. I read in few of your posts and comments that , a legal battle sometimes can be grueling and revengeful….. Should I or should I not go in favour of a legal justice.
3. What could be the best communication vide mail to make them respond and give me a definite date of my F&F settlement? As right now they are simply ignoring my mails and not giving any due importance to my F&F.
4. The amount of my F&F is quite a big amount (Rs 3.00 lakhs)…and the company is giving me every signal that, they are in no mood to settle it…. Either the company is thinking they can keep my my money or they are thinking they are above the law. What should be the correct way to get my money…..as I am a working professional and should not hamper my present work nor in my future assignments.
Regards,
(Annonymous)
From India, Delhi
I resigned from the services of the company w.e,f 7th Jan’2016….Infact I was asked to resign due to cost-cutting with a verbal assurance that my salary and all my field expenses will given to me during my F&F settlement by the earliest.
But till today neither I have got my salary nor my expenses , inspite of my repeated reminders to them.
The only thing that I received from them is my resignation acceptance copy via mail. As instructed in the mail, I even handed over all my company property to them, and no outstanding is there against my name.
Not only are they yet to settle my F&F, but they are also not giving my salary slips, Form-16, and Relieving letter, inspite of my repeated reminders and which has not helping my cause on numerous aspects.
Kindly suggest me on three things:-
1. How do I recover my hard earned money from them?…. Which could be the best possible way?
2. I read in few of your posts and comments that , a legal battle sometimes can be grueling and revengeful….. Should I or should I not go in favour of a legal justice.
3. What could be the best communication vide mail to make them respond and give me a definite date of my F&F settlement? As right now they are simply ignoring my mails and not giving any due importance to my F&F.
4. The amount of my F&F is quite a big amount (Rs 3.00 lakhs)…and the company is giving me every signal that, they are in no mood to settle it…. Either the company is thinking they can keep my my money or they are thinking they are above the law. What should be the correct way to get my money…..as I am a working professional and should not hamper my present work nor in my future assignments.
Regards,
(Annonymous)
From India, Delhi
Dear ,
As stated by ur self that you were "ask to leave" in that case is there any clause in your appointment letter regarding notice period from either side or in case of termination ,pls read .
If answer is yes that either party can ask for termination of contract of employment then employer has to pay and settle all dues within stipulated time frame from the period you aborted ur services and you have acceptance letter also.
option 1.(Through advocate -court)
There is a time frame if case filed through court and that period is of 3 years from the date of your relieving.
option- 2 (Industrial dispute tribunal) -Labor court
You can file your case through concern labor officer of area keeping copy of the same to labor commissioner and later if not solved by labor officer will automatically dismiss and transferred to tribunal under "payment of wages act & ID industrial dispute act but i do not remember sections right now.
You should carry all email communication print outs for future reference.Do not worry for results if you want justice and definitely your employer will amicably settle your dues.
rgds,
prince
From India, Guntur
As stated by ur self that you were "ask to leave" in that case is there any clause in your appointment letter regarding notice period from either side or in case of termination ,pls read .
If answer is yes that either party can ask for termination of contract of employment then employer has to pay and settle all dues within stipulated time frame from the period you aborted ur services and you have acceptance letter also.
option 1.(Through advocate -court)
There is a time frame if case filed through court and that period is of 3 years from the date of your relieving.
option- 2 (Industrial dispute tribunal) -Labor court
You can file your case through concern labor officer of area keeping copy of the same to labor commissioner and later if not solved by labor officer will automatically dismiss and transferred to tribunal under "payment of wages act & ID industrial dispute act but i do not remember sections right now.
You should carry all email communication print outs for future reference.Do not worry for results if you want justice and definitely your employer will amicably settle your dues.
rgds,
prince
From India, Guntur
Greetings,
Assuming that your employer is still in business, the separation was initiated by your employer, months back. Hence you are entitled to compensation. Full and Final settlement is the amount that you receive after the deductions from your pending payment.
As you have realised Legal course will take time. Have you tried connecting with the Labour Commissioner ? If you can talk to one and get them to intervene , that should help.
The amount that you have mentioned is pretty big. However, through what calculations have you arrived at that? Nevertheless, please connect with the Labour Office. Hope that should helps.
From India, Mumbai
1859Assuming that your employer is still in business, the separation was initiated by your employer, months back. Hence you are entitled to compensation. Full and Final settlement is the amount that you receive after the deductions from your pending payment.
As you have realised Legal course will take time. Have you tried connecting with the Labour Commissioner ? If you can talk to one and get them to intervene , that should help.
The amount that you have mentioned is pretty big. However, through what calculations have you arrived at that? Nevertheless, please connect with the Labour Office. Hope that should helps.
From India, Mumbai
As advised, can you pl. guide me how to approach the Labour Commissioner.I am based at Delhi.
Do I need to meet him in person with all supporting copies or should I mail him everything?? The name of the persons whom I need to contact along with contact address and mail i.ds will help me immensely to take up the course of approach as advised by you. Kindly provide me all the details.
From India, Delhi
Do I need to meet him in person with all supporting copies or should I mail him everything?? The name of the persons whom I need to contact along with contact address and mail i.ds will help me immensely to take up the course of approach as advised by you. Kindly provide me all the details.
From India, Delhi
1. How do I recover my hard earned money from them?…. Which could be the best possible way?
Depending on the nature of due (outstanding salary, bonus, gratuity, PF etc), you have to claim before appropriate forum. e.g. there is a separate forum/ procedure for applying for gratuity.
2. I read in few of your posts and comments that , a legal battle sometimes can be grueling and revengeful….. Should I or should I not go in favour of a legal justice.
Legal battle can be time consuming as well as expensive. If you have both, then go ahead. You are the best person to decide for yourself. In a practical sense, more than money, what litigant requires is the time and patience.
3. What could be the best communication vide mail to make them respond and give me a definite date of my F&F settlement? As right now they are simply ignoring my mails and not giving any due importance to my F&F.
Since they are not giving importance/ reply to your claim, you can now send a legal notice.
4. The amount of my F&F is quite a big amount (Rs 3.00 lakhs)…and the company is giving me every signal that, they are in no mood to settle it…. Either the company is thinking they can keep my my money or they are thinking they are above the law. What should be the correct way to get my money…..as I am a working professional and should not hamper my present work nor in my future assignments.
Consult a lawyer with all your documents and initiate legal proceedings. Rs.3 lacs is not a small amount.
From India, Kolkata
Depending on the nature of due (outstanding salary, bonus, gratuity, PF etc), you have to claim before appropriate forum. e.g. there is a separate forum/ procedure for applying for gratuity.
2. I read in few of your posts and comments that , a legal battle sometimes can be grueling and revengeful….. Should I or should I not go in favour of a legal justice.
Legal battle can be time consuming as well as expensive. If you have both, then go ahead. You are the best person to decide for yourself. In a practical sense, more than money, what litigant requires is the time and patience.
3. What could be the best communication vide mail to make them respond and give me a definite date of my F&F settlement? As right now they are simply ignoring my mails and not giving any due importance to my F&F.
Since they are not giving importance/ reply to your claim, you can now send a legal notice.
4. The amount of my F&F is quite a big amount (Rs 3.00 lakhs)…and the company is giving me every signal that, they are in no mood to settle it…. Either the company is thinking they can keep my my money or they are thinking they are above the law. What should be the correct way to get my money…..as I am a working professional and should not hamper my present work nor in my future assignments.
Consult a lawyer with all your documents and initiate legal proceedings. Rs.3 lacs is not a small amount.
From India, Kolkata
Thank you mam for your reply.
Infact, I was first thinking of approaching the Labour commissioner, if I don;t get any reply by this month end.
I also have asked for a favour to provide me the details carrying the address and mail i.d of Labour Commissioner of Delhi in my previous post.
If somebody can help me on this matter, then I will be immensely thankful.
From India, Delhi
Infact, I was first thinking of approaching the Labour commissioner, if I don;t get any reply by this month end.
I also have asked for a favour to provide me the details carrying the address and mail i.d of Labour Commissioner of Delhi in my previous post.
If somebody can help me on this matter, then I will be immensely thankful.
From India, Delhi
Hello,
As advised by few replies on my post and also after reading few posts and replies of others, I had decided to send an application letter to the Director of the company via speed post where I had given him 15 days time to settle my F&F.
Within 3 days time, the company has sent me a cheque of Rs35,000 duly signed by the Director.
I now seek advise from the panel and members of the forum.....
1.How to go about it next. Since the value pending in my F&F is Rs 3.00laks, where as they have send me a cheque of Rs35,000 only.
2.The cheque came via courier which carried no covering letter nor any F&F statement and neither any other listed documents which I had asked for.
3.Should I approach the labour commissioner/lawyer right away or should I send the company another application letter to ask the company regarding the cheque send and my F&F statement?
4.What should be the ideal words of communication, if at all an application letter has to be send.
Regards
From India, Delhi
As advised by few replies on my post and also after reading few posts and replies of others, I had decided to send an application letter to the Director of the company via speed post where I had given him 15 days time to settle my F&F.
Within 3 days time, the company has sent me a cheque of Rs35,000 duly signed by the Director.
I now seek advise from the panel and members of the forum.....
1.How to go about it next. Since the value pending in my F&F is Rs 3.00laks, where as they have send me a cheque of Rs35,000 only.
2.The cheque came via courier which carried no covering letter nor any F&F statement and neither any other listed documents which I had asked for.
3.Should I approach the labour commissioner/lawyer right away or should I send the company another application letter to ask the company regarding the cheque send and my F&F statement?
4.What should be the ideal words of communication, if at all an application letter has to be send.
Regards
From India, Delhi
In continuation to my above posts,my previous employer replied via mail to my postal communication(reminders) stating that i will only get Rs 35,000 as my F&F amount instead of Rs3.00 Lakhs +(pending salary and expenses). As per their manipulated calculation they have prepared a balance sheet where they have stated that they are bound to get Rs 50,000 from me in lieu of advances given to me....which I myself don't know when was it given to me. I am yet to reply to their mail. Also i have prepared a final reminder to post them before going to the labour commission. But they replied via mail to my previous reminder, before i could post the final letter.
Kindly guide what to do in this regard.
All of ur valuable information will really help me to take the correct necessary step.
From India, Delhi
Kindly guide what to do in this regard.
All of ur valuable information will really help me to take the correct necessary step.
From India, Delhi
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