In a MNC I had worked for 4years 6 months, I have informed my Manager on Oct 8, 2020 about my resignation as I will be leaving for higher studies, however due to pandemic situation the approvals have arrived on Oct 15,2020 with release on Oct 17, 2020. I was suppose to serve one month notice period which in need had turned out 3 days and remaining days to be adjusted with my leaves. I received a NDF (No Due Form) form stating my release date to be NOV 13, 2020 since the manager had promise to handle them accordingly and following which I have received a amount credited for month of Oct, Nov + F&F (full and final settlement) at the end of NOV, 2020.
Now, after 6 months of my exit, the HR comes back stating that I was wrongly credited for the month of Oct & Nov and need to repay for 15 days of Oct and entire month of Nov. In addition, my release date changed to Oct 17, 2020 with missing notice period days i.e. 27 days were indeed under recoverable in the F&F form received. Over all of 27 days + 15 days of Oct + 30 days of Nov basic + HRA under recoverable.
With the amount credited and needed to be recovered my Full & Final settlement is repay of Rs.72,000 which I am unable to understand because my F&F benefits + Oct salary seems to be just Rs.7,420 from the amount credited previously.
1. Do the employer have rights to debit the amount from salary account without my approval?
2. If the glitch was created from their end and as I dont have proper clarity, do I need to repay the employer?
3. Can there be any compensation possible as the amount credited in Nov, 2020 has been used thinking that it is my full and final settlement.?
PS: I was waiting for my relieving letter and the HR has comeback after 6 months.
Now, after 6 months of my exit, the HR comes back stating that I was wrongly credited for the month of Oct & Nov and need to repay for 15 days of Oct and entire month of Nov. In addition, my release date changed to Oct 17, 2020 with missing notice period days i.e. 27 days were indeed under recoverable in the F&F form received. Over all of 27 days + 15 days of Oct + 30 days of Nov basic + HRA under recoverable.
With the amount credited and needed to be recovered my Full & Final settlement is repay of Rs.72,000 which I am unable to understand because my F&F benefits + Oct salary seems to be just Rs.7,420 from the amount credited previously.
1. Do the employer have rights to debit the amount from salary account without my approval?
2. If the glitch was created from their end and as I dont have proper clarity, do I need to repay the employer?
3. Can there be any compensation possible as the amount credited in Nov, 2020 has been used thinking that it is my full and final settlement.?
PS: I was waiting for my relieving letter and the HR has comeback after 6 months.
Your queries are answered at seriatim below:
1. The amount credited to your account cannot be deducted without your consent. If you are anticipating it, pl shift the balance amount to some other account.
2. You need to dispute their calculation, justify the amount received as due to you. Pl clarify when were you relieved actually, whether it remains 17th October or November 13th. What happens to your leave encashment, other terminal benefits?
3. If you take a stand that you don't have that much money to repay it, there is nothing much the employer can do to recover it.
From India, Mumbai
15341. The amount credited to your account cannot be deducted without your consent. If you are anticipating it, pl shift the balance amount to some other account.
2. You need to dispute their calculation, justify the amount received as due to you. Pl clarify when were you relieved actually, whether it remains 17th October or November 13th. What happens to your leave encashment, other terminal benefits?
3. If you take a stand that you don't have that much money to repay it, there is nothing much the employer can do to recover it.
From India, Mumbai
Your employer could have hold prior to credit of amount to your account but cant asked bank to make debit the quantum of amount from your account. You can close this account or transfer the amount to other account in case you are apprehending something may happen.
Send them a reply that your payment for the month of October & November was justified as you got relieved from services on 13th November. You can send own claim statement with a justification some outstanding still not received.
Is that letter came to in Regd post or speed post or ordinary post, you ignore the communication if that came by ordinary post. The advice of Mr. KK HR is good to follow, it would be better if you can share the copy of letter received from HR with any of the members message box whom you consider is the best for clarity in suggestion.
From India, Mumbai
Send them a reply that your payment for the month of October & November was justified as you got relieved from services on 13th November. You can send own claim statement with a justification some outstanding still not received.
Is that letter came to in Regd post or speed post or ordinary post, you ignore the communication if that came by ordinary post. The advice of Mr. KK HR is good to follow, it would be better if you can share the copy of letter received from HR with any of the members message box whom you consider is the best for clarity in suggestion.
From India, Mumbai
If you are holding a salary savings bank account in the same branch from where your ex-employer is operating, he has full right to request the bank in writing to reverse the amount to their bank account which was wrongly credited to your account.
You may write and request your employer to provide you full details of your Full & Final settlement including payment of your balance leave encashment. You may further add that with the non-receipt of requested documents with 7 days from the receipt of your letter/email, you will be compelled to write to the Assistant Labour Commissioner/Labour Enforcement Officer of the jurisdiction where your office is situated about non-payment of your dues.
You may also write to your bank to reverse the wrong debited (if you feel so) amount to your account immediately, failing which, you will be compelled to write to RBI about their operating system.
Gentle Advise: If you know the Company had erroneously transferred the amount to your bank account as a Human Error then they have every right to recover the same from you. (Like how we fight for our own dues)
Suresh
From India, Thane
You may write and request your employer to provide you full details of your Full & Final settlement including payment of your balance leave encashment. You may further add that with the non-receipt of requested documents with 7 days from the receipt of your letter/email, you will be compelled to write to the Assistant Labour Commissioner/Labour Enforcement Officer of the jurisdiction where your office is situated about non-payment of your dues.
You may also write to your bank to reverse the wrong debited (if you feel so) amount to your account immediately, failing which, you will be compelled to write to RBI about their operating system.
Gentle Advise: If you know the Company had erroneously transferred the amount to your bank account as a Human Error then they have every right to recover the same from you. (Like how we fight for our own dues)
Suresh
From India, Thane
To my understanding, The Bank cannot debit any amount from a customer's account at the behest of a third person. It makes no difference if the third person happens to be the employer or ex-employer of the customer and the amount happens to be wrongly credited. The only option for the employer is through due process of law.
However, there a moral obligation of the employee to return the amount, if wrongly credited.
From India, Kochi
However, there a moral obligation of the employee to return the amount, if wrongly credited.
From India, Kochi
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