Hi,
I joined a stock broking firm on 01st July 2008 and resigned on 18th August 2008, the company havinbg its registered office in New Delhi has not issued me releiving letter and final settlement cheque till date, I have already wrote a lot of mail to the HR Dept but there is simply no reply.
Sources have told that the company's MD has put an hold on all such settlement, I would like to know if there is any legal way by which I can take this company to court or get my final settlement cheque and letter
Regards
Raghavendra Singh
+91 9889577848
From India, Delhi
I joined a stock broking firm on 01st July 2008 and resigned on 18th August 2008, the company havinbg its registered office in New Delhi has not issued me releiving letter and final settlement cheque till date, I have already wrote a lot of mail to the HR Dept but there is simply no reply.
Sources have told that the company's MD has put an hold on all such settlement, I would like to know if there is any legal way by which I can take this company to court or get my final settlement cheque and letter
Regards
Raghavendra Singh
+91 9889577848
From India, Delhi
The company may hold your pay and will release it after getting No Objection Certificate from other departments. Since a lot of money is involved in the activity, settlement can be expected only after finding the genuineness of your relieving. It is only a month and a half that you worked there. Do you remember any commitment made by you while joining? I am afraid if instead of you filing suit against the employer, the company file it against you for absconding!
Mr. Raghavendra Singh, please do not use such hard words like 'taking the company to court', because if all of us do like this, the employers do not have time to do business but have to spend their time in courts only. It is very easy to fabricate evidences against an employee (especially who is not in service or who is absonding) but it is very difficult to defend it when you are out of the organisation and when you do not have support of colleagues. Therefore, relax and continue contacting the concerned persons.
Regards
Madhu.T.K
From India, Kannur
4249Mr. Raghavendra Singh, please do not use such hard words like 'taking the company to court', because if all of us do like this, the employers do not have time to do business but have to spend their time in courts only. It is very easy to fabricate evidences against an employee (especially who is not in service or who is absonding) but it is very difficult to defend it when you are out of the organisation and when you do not have support of colleagues. Therefore, relax and continue contacting the concerned persons.
Regards
Madhu.T.K
From India, Kannur
I have not given any commitment either verbally or in written to the company and have resigned on email of which I do have a copy with me, all the so called NOCs has been obtained, but as i said its becoz of an instruction from the top bosses, it is not being released...........lot of people has said to me that you consider that as Bad Debt and write it off.....
"Humiliation of Resources" is what HR Dept stands for in companies like these.............
Anyways thanks for your suggestion....
Regards
Raghavendra
From India, Delhi
"Humiliation of Resources" is what HR Dept stands for in companies like these.............
Anyways thanks for your suggestion....
Regards
Raghavendra
From India, Delhi
Dear Mr. Madhu,
I have joint on 5 Dec 2007 and releived on 16 Sep 2008. Till date I have NOT received my Final Settlement and also I have claimed 2 days before releiving for Medical Re-imbursment (for my Baby birth). The company has provided the Insurance policy (for My wife and myself). Nearly 4 months over. Till know that not replied. If, Atleast they have to mension that we are in process to claim your Medical Re-imbursment, then I will take the Bills to my personnel Medical Insurance to be claimed. Whether they will be able to give payment for both( final settlement & Medical Re-Imbursment)
How should I proceed Sir, looking your favorable reply.
with Thanks,
Vijay TR
From India, Madras
I have joint on 5 Dec 2007 and releived on 16 Sep 2008. Till date I have NOT received my Final Settlement and also I have claimed 2 days before releiving for Medical Re-imbursment (for my Baby birth). The company has provided the Insurance policy (for My wife and myself). Nearly 4 months over. Till know that not replied. If, Atleast they have to mension that we are in process to claim your Medical Re-imbursment, then I will take the Bills to my personnel Medical Insurance to be claimed. Whether they will be able to give payment for both( final settlement & Medical Re-Imbursment)
How should I proceed Sir, looking your favorable reply.
with Thanks,
Vijay TR
From India, Madras
Dear Mr. Vijay,
If your claim is out of an insurance/ medi claim covered, please contact the service providers. Once the premium is paid, you will be covered for one year under normal circumstances despite your leaving the establishment. More over, the claim pertained to one at while you were in the establishment. The payment is to be made by the Insurers and not the company. Therefore, please contact the service providers and see whether or not the claim has been submitted by the company.
Dear Mr. Raghavendra,
I can understand your feeling which forced you to define HR as humiliation of resources. But it should not be accepted as common attribute of all HRs. The persons who work in HR are also human beings just like any other functionary. There may be some body among HRs who may try to retaliate when he gets a chance to do so due to bad relationship the other personnels had with him. I know that HR will be given respect only when a problem arises. When every thing is perfect, no body thinks of HR. Now a days all are professionals who do not want to go to HR and clarify any matter just like “labourers” putting grievances regularly on matters of wrong deduction, ESI benefits, PF advances etc. Such professionals do not care what is going on in HR till a time comes when he has an issue. Unfortunately these professionals do not get in to ‘any issue’ so long as their relation with the CEO/ MD is good. Once it is spoiled, the Top management passes it on to HR who in turn should handle it on behalf of the top management. It may not be with vested interests of the HR employees but due to the direction received from higher authorities that payment is withheld. It may also happen that if you enquire the matter with the top management, they will skip out saying that every thing is dealt in HR. In effect HR becomes the scapegoat. Therefore, before blaming any body please evaluate the whole episode.
Regards,
Madhu.T.K
From India, Kannur
If your claim is out of an insurance/ medi claim covered, please contact the service providers. Once the premium is paid, you will be covered for one year under normal circumstances despite your leaving the establishment. More over, the claim pertained to one at while you were in the establishment. The payment is to be made by the Insurers and not the company. Therefore, please contact the service providers and see whether or not the claim has been submitted by the company.
Dear Mr. Raghavendra,
I can understand your feeling which forced you to define HR as humiliation of resources. But it should not be accepted as common attribute of all HRs. The persons who work in HR are also human beings just like any other functionary. There may be some body among HRs who may try to retaliate when he gets a chance to do so due to bad relationship the other personnels had with him. I know that HR will be given respect only when a problem arises. When every thing is perfect, no body thinks of HR. Now a days all are professionals who do not want to go to HR and clarify any matter just like “labourers” putting grievances regularly on matters of wrong deduction, ESI benefits, PF advances etc. Such professionals do not care what is going on in HR till a time comes when he has an issue. Unfortunately these professionals do not get in to ‘any issue’ so long as their relation with the CEO/ MD is good. Once it is spoiled, the Top management passes it on to HR who in turn should handle it on behalf of the top management. It may not be with vested interests of the HR employees but due to the direction received from higher authorities that payment is withheld. It may also happen that if you enquire the matter with the top management, they will skip out saying that every thing is dealt in HR. In effect HR becomes the scapegoat. Therefore, before blaming any body please evaluate the whole episode.
Regards,
Madhu.T.K
From India, Kannur
I categorically mentioned that HR is Humiliation of Resources in companies like my previous employer and it is based on the experience that I got first hand, where HR people are no more answering phones or emails.
And may be you are right that bosses shift the blame to HR Dept and I don't have any grudges with the HR Dept, few of my friends are working with MNCs where they have pre-defined structure and policy and I guess this is what makes them survive for such long periods.
From India, Delhi
And may be you are right that bosses shift the blame to HR Dept and I don't have any grudges with the HR Dept, few of my friends are working with MNCs where they have pre-defined structure and policy and I guess this is what makes them survive for such long periods.
From India, Delhi
Dear Mr Madhu,
As per our last discussion I tried to get in touch with the HR Department and was finally able to get in touch with them but they simply said that there would be no settlement as I was the so called "non performer", would like to know what should be my next step. As I need to get Form 16 for the purpose of filing my IT returns.
I have gone thru the HR policies of the company and there was never any clause mentioned in the policies.
Please advice
Regards
Raghavendra Singh
From India, Delhi
As per our last discussion I tried to get in touch with the HR Department and was finally able to get in touch with them but they simply said that there would be no settlement as I was the so called "non performer", would like to know what should be my next step. As I need to get Form 16 for the purpose of filing my IT returns.
I have gone thru the HR policies of the company and there was never any clause mentioned in the policies.
Please advice
Regards
Raghavendra Singh
From India, Delhi
If form 16 is involved, then you can ask for that with a copy to the Income Tax Officer. TDS is deducted when payment is made. If you ask fot form 16 then they should make the payment of TDS after releasing the pay. Therefore, you may write another letter asking for settlement and issue of form 16 and mark a copy to ITO.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Dear Mr Madhu,
Today I received soft copy of Form 16, which states that I have been paid for last 18 days of my services, whereas I was not paid even a single paisa for that period.
How should I approach the company for this, as it is increasing my tax liability and its not true at all.
Regards
Raghavendra
From India, Delhi
Today I received soft copy of Form 16, which states that I have been paid for last 18 days of my services, whereas I was not paid even a single paisa for that period.
How should I approach the company for this, as it is increasing my tax liability and its not true at all.
Regards
Raghavendra
From India, Delhi
If the company has shown that they have paid you settlement amount then there is no other way but to send a notice calling on them to expalin the date and mode of payment. Before that ensure that whether or not the amount was paid into the credit of your bank account. If you are certain that the so called sum has not been received by you, then the matter involves a criminal nature for that the employer or the person responsible for disbursement of pay is liable to answer. You may send a letter asking the details of payment and say that if you do not get a satifactory reply, you will be constrained to move legally by registering a case under the relevant provisions of CPC.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
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