I have been working for one company since May 2023. In between, one of my colleagues asked me for freelance work. I had a good network, so I helped him get the freelance work. But he failed to deliver it completely, so the client did not pay. He left the organization. Soon after leaving the organization, he complained that I was doing parallel work (which is not true).
After that, on 19th September 2023, HR, the Business Head, harassed me so much and forced me to resign. Now, they are not releasing my FNF. When I asked, they said they would take a decision on my misconduct. Please guide me on my rights. I was in a senior position.
From India, Delhi
After that, on 19th September 2023, HR, the Business Head, harassed me so much and forced me to resign. Now, they are not releasing my FNF. When I asked, they said they would take a decision on my misconduct. Please guide me on my rights. I was in a senior position.
From India, Delhi
Dear Agni Shukla,
It is difficult to believe that you were asked to resign merely because of a colleague's accusation. Did the company conduct a domestic enquiry to investigate whether you did moonlighting?
In any case, now more than six months passed since you resigned. Whether the resignation was voluntary or under duress, the company should have paid you your salary until the last working day. You are eligible to get it.
Send a hard copy of a letter to the MD of the company, by Speed Post with acknowledgement due, requesting the release of your salary. Do not send an email. While writing the letter, focus solely on the release of your salary and avoid discussing the injustice done to you by the Business Head.
How many subordinates reported to you in that company? If none, and if your application does not yield a favourable outcome, we will advise you on further steps.
Thanks,
Dinesh Divekar
From India, Bangalore
7879It is difficult to believe that you were asked to resign merely because of a colleague's accusation. Did the company conduct a domestic enquiry to investigate whether you did moonlighting?
In any case, now more than six months passed since you resigned. Whether the resignation was voluntary or under duress, the company should have paid you your salary until the last working day. You are eligible to get it.
Send a hard copy of a letter to the MD of the company, by Speed Post with acknowledgement due, requesting the release of your salary. Do not send an email. While writing the letter, focus solely on the release of your salary and avoid discussing the injustice done to you by the Business Head.
How many subordinates reported to you in that company? If none, and if your application does not yield a favourable outcome, we will advise you on further steps.
Thanks,
Dinesh Divekar
From India, Bangalore
Hi , I sent the letter and asked the questions, also mentioned them to reply to my letter. But they havnt replied yet. Now what to do.
From India, Delhi
From India, Delhi
It should not be at the time of settling the dues of a resigned employee that the HR should initiate disciplinary action for doing a business of profit while being employed in the company, but they should have doe it before you were relieved. Therefore, you should include it also in the letter to MD as suggested by Dinesh Divekar.
From India, Kannur
From India, Kannur
Dear Agni Shukla,
'm sorry to hear about the difficulties you're facing. It sounds like a challenging situation. First and foremost, it's important to know your rights and options.
Review your employment contract:
Look through your employment contract to understand the terms of termination, any clauses related to misconduct, and your rights regarding final settlement.
Consult a lawyer:
If you feel you've been unfairly treated or if there's any ambiguity in your rights, it's advisable to consult with a lawyer who specializes in employment law. They can provide you with specific legal advice tailored to your situation and jurisdiction.
Document everything
: Keep records of any communication or incidents related to your employment, including emails, messages, and notes from meetings. This documentation can be crucial if you need to provide evidence to support your case.
Request clarification from HR:
If they've accused you of misconduct, ask for specific details and evidence supporting their claim. It's important to understand the basis of their decision and to have an opportunity to respond.
Negotiate with your employer:
Depending on the circumstances, you may be able to negotiate a resolution with your employer, such as receiving your final settlement without admission of wrongdoing or reaching a mutually agreeable solution.
Consider alternative dispute resolution:
If negotiations with your employer are unsuccessful, you may explore alternative dispute resolution methods, such as mediation or arbitration, to resolve the issue outside of court.
File a complaint:
If you believe you've been unfairly treated or discriminated against, you may have grounds to file a complaint with relevant authorities, such as a labour board or human rights commission, depending on the nature of the misconduct and your jurisdiction.
In order to prioritize your well-being throughout this process and seek support from friends, family, or professional counselors if needed. Dealing with employment disputes can be stressful, but with the right approach and support, you can navigate this challenging situation.
Thanks.
From India, Bangalore
'm sorry to hear about the difficulties you're facing. It sounds like a challenging situation. First and foremost, it's important to know your rights and options.
Review your employment contract:
Look through your employment contract to understand the terms of termination, any clauses related to misconduct, and your rights regarding final settlement.
Consult a lawyer:
If you feel you've been unfairly treated or if there's any ambiguity in your rights, it's advisable to consult with a lawyer who specializes in employment law. They can provide you with specific legal advice tailored to your situation and jurisdiction.
Document everything
: Keep records of any communication or incidents related to your employment, including emails, messages, and notes from meetings. This documentation can be crucial if you need to provide evidence to support your case.
Request clarification from HR:
If they've accused you of misconduct, ask for specific details and evidence supporting their claim. It's important to understand the basis of their decision and to have an opportunity to respond.
Negotiate with your employer:
Depending on the circumstances, you may be able to negotiate a resolution with your employer, such as receiving your final settlement without admission of wrongdoing or reaching a mutually agreeable solution.
Consider alternative dispute resolution:
If negotiations with your employer are unsuccessful, you may explore alternative dispute resolution methods, such as mediation or arbitration, to resolve the issue outside of court.
File a complaint:
If you believe you've been unfairly treated or discriminated against, you may have grounds to file a complaint with relevant authorities, such as a labour board or human rights commission, depending on the nature of the misconduct and your jurisdiction.
In order to prioritize your well-being throughout this process and seek support from friends, family, or professional counselors if needed. Dealing with employment disputes can be stressful, but with the right approach and support, you can navigate this challenging situation.
Thanks.
From India, Bangalore
If your question is to me, then I would say that you should write a letter to the HR Head asking him to explain why legal action for harassing an employee who has already left the organisation should not be taken against you(that HR Head) You should also say that:
"the matter of my freelancing was known to you, and it was on the basis of that incident I was forced to resign. When I did it, the matter was closed forever. Now when you are liable to make the full and final settlement, you cannot raise it as a big issue. If you do it, it should only be construed as a move to forfeit my full and final settlement. That cannot be permitted at any cost. If I permit you to forfeit my F&F, it will give a wrong message among the employees working in your establishment. I am sure you will repeat the same against them also. Therefore, if my F&F is made within 48 hours, I will take the matter to Labour law Enforcement authorities and also to the Chamber of Association/ Employer's Association. It is very difficult to make an establishment very HR friendly but it is easy to make it a place which is worse to work in".
If your query was not to me, please wait, let others respond.
From India, Kannur
"the matter of my freelancing was known to you, and it was on the basis of that incident I was forced to resign. When I did it, the matter was closed forever. Now when you are liable to make the full and final settlement, you cannot raise it as a big issue. If you do it, it should only be construed as a move to forfeit my full and final settlement. That cannot be permitted at any cost. If I permit you to forfeit my F&F, it will give a wrong message among the employees working in your establishment. I am sure you will repeat the same against them also. Therefore, if my F&F is made within 48 hours, I will take the matter to Labour law Enforcement authorities and also to the Chamber of Association/ Employer's Association. It is very difficult to make an establishment very HR friendly but it is easy to make it a place which is worse to work in".
If your query was not to me, please wait, let others respond.
From India, Kannur
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Case studies on R & S.doc
Circular Dated 28-10-2016 for settlement of PF Death Case Claims within 7 days.pdf
PF Death case Composite Claim Form No 20,10D & 5IF.xls