Hi All,
I have been reading some of the queries posted in this forum and the fantastic guidance given by all the participating members.
I have been going through a problem and i am sure that you all would be able to guide me on the further course of action.
To begin with i would like to give a summary about myself, I have more than 8 years of experience in Corporate Sales and my last job was with an MNC for a period of 3 years. This was my third job in the last 8 years.
1) On the last day of my serving the notice period of One month, my employer asked me to sign a document printed on the letter head (not a legal stamp paper). The document stated that i would not join any of their competitors for a period of 6 months. I was told that this was a mandatory procedure for releasing the full and final Settlement. Even though I was about to join a competitor, I signed the document so that I could get my money. Doing a back of the envelope calculation, considering my tenure in the orgainsation, my guess is that the amount due to is a about a lakh of rupees.
2) Even after 6 Months yet they have not made my Final settlement and they claim that they are withholding it as I have joined their competitor.
I would like to know, if the Company can withhold my money or is there any way in which i can claim my money going through the legal route.
A close scrutiny of my form 16 reveals that that they have deducted tax for the salary of the notice period that I served and was to be paid along with the final settlement.
I am right now in a very confused state :? and would request you all to throw some light on this issue.
Pls do let me know if there are any specific queries that will help you give me a better solution.
Looking forward for your guidance.
Thanking you
Regards
Nimit
Mumbai, India
From India, Mumbai
I have been reading some of the queries posted in this forum and the fantastic guidance given by all the participating members.
I have been going through a problem and i am sure that you all would be able to guide me on the further course of action.
To begin with i would like to give a summary about myself, I have more than 8 years of experience in Corporate Sales and my last job was with an MNC for a period of 3 years. This was my third job in the last 8 years.
1) On the last day of my serving the notice period of One month, my employer asked me to sign a document printed on the letter head (not a legal stamp paper). The document stated that i would not join any of their competitors for a period of 6 months. I was told that this was a mandatory procedure for releasing the full and final Settlement. Even though I was about to join a competitor, I signed the document so that I could get my money. Doing a back of the envelope calculation, considering my tenure in the orgainsation, my guess is that the amount due to is a about a lakh of rupees.
2) Even after 6 Months yet they have not made my Final settlement and they claim that they are withholding it as I have joined their competitor.
I would like to know, if the Company can withhold my money or is there any way in which i can claim my money going through the legal route.
A close scrutiny of my form 16 reveals that that they have deducted tax for the salary of the notice period that I served and was to be paid along with the final settlement.
I am right now in a very confused state :? and would request you all to throw some light on this issue.
Pls do let me know if there are any specific queries that will help you give me a better solution.
Looking forward for your guidance.
Thanking you
Regards
Nimit
Mumbai, India
From India, Mumbai
Dear Nimit,
Non Compete clause while releaving will not work for any indian organization. This has to be detailed at the time of employment agreement. No company can withhold full and final settlement as it becoems its legal obligation.
Please do write to their HR function for the F&F settlement
regards
Srinivasu
From India, Hyderabad
Non Compete clause while releaving will not work for any indian organization. This has to be detailed at the time of employment agreement. No company can withhold full and final settlement as it becoems its legal obligation.
Please do write to their HR function for the F&F settlement
regards
Srinivasu
From India, Hyderabad
Hi Nimit,
Read your post & realised how mean the HR dept can be!
Any document regarding the terms of employment especially with competitor's clause is usually signed in the begining of the job and has to be on the stamp paper.
Do you have a copy of the same? It's important as it would mention the date which was your last working day..
Absolutely you can & you should!! Consult a lawyer..
tax on salary for notice period is okay...if they have taxed your F&F dues not paid to you then you have a right to claim the same.
Regards,
Rajat
I am right now in a very confused state and would request you all to throw some light on this issue.
Pls do let me know if there are any specific queries that will help you give me a better solution.
From India, Pune
101Read your post & realised how mean the HR dept can be!
Any document regarding the terms of employment especially with competitor's clause is usually signed in the begining of the job and has to be on the stamp paper.
Do you have a copy of the same? It's important as it would mention the date which was your last working day..
Absolutely you can & you should!! Consult a lawyer..
tax on salary for notice period is okay...if they have taxed your F&F dues not paid to you then you have a right to claim the same.
Regards,
Rajat
I am right now in a very confused state and would request you all to throw some light on this issue.
Pls do let me know if there are any specific queries that will help you give me a better solution.
From India, Pune
Rajat,
Thanks a Lot for your inputs but would need more of your advice on this. 3 months back they sent me a Legal notice thru a Lawyer's office stating that i had breached the Employment contact and i need to pay them my whole 1 year Salary for which i didnt even reply back as it was just a letter from an Lawyer office and not from the Court of Law. ( Let me know if i did Right ).
Also now when i want to speak with the Top Management to help me out from this they just behave rudely and give me all the possible abuses(have tried mailing them but they dont reply to any of my mails). To add on they are also telling my old Team in that company that i want to come back and that they have taught me a lesson and all such kinds of Non ethical practice.(Personally i dont want to get in to this as i seriously think its not worth it to even talk as i am more concerned with my money but would like to know what should i do if they are behaving like this).
Currently i am in a need of money and all my last 3 years of being loyal and putting more than 100% in the job and have always been consistent of being one of the Best Sales guy in the Country.After so much of efforts and the way i got treated while leaving its now demotivated me to be so passionate with my new job as i fear that at the end of the day i might loose all my money here also as this is also an MNC.
Hoping to hear from you and there are so much of things which i am going through emotionally which i am not able to write it down so pls dont mind me if i bother you once again.
Thanks for your valuable reply.
Regards
Nimit Panpalia.
From India, Mumbai
Thanks a Lot for your inputs but would need more of your advice on this. 3 months back they sent me a Legal notice thru a Lawyer's office stating that i had breached the Employment contact and i need to pay them my whole 1 year Salary for which i didnt even reply back as it was just a letter from an Lawyer office and not from the Court of Law. ( Let me know if i did Right ).
Also now when i want to speak with the Top Management to help me out from this they just behave rudely and give me all the possible abuses(have tried mailing them but they dont reply to any of my mails). To add on they are also telling my old Team in that company that i want to come back and that they have taught me a lesson and all such kinds of Non ethical practice.(Personally i dont want to get in to this as i seriously think its not worth it to even talk as i am more concerned with my money but would like to know what should i do if they are behaving like this).
Currently i am in a need of money and all my last 3 years of being loyal and putting more than 100% in the job and have always been consistent of being one of the Best Sales guy in the Country.After so much of efforts and the way i got treated while leaving its now demotivated me to be so passionate with my new job as i fear that at the end of the day i might loose all my money here also as this is also an MNC.
Hoping to hear from you and there are so much of things which i am going through emotionally which i am not able to write it down so pls dont mind me if i bother you once again.
Thanks for your valuable reply.
Regards
Nimit Panpalia.
From India, Mumbai
company has sent me full and final attchment for my approval
i have approved and signed it and also returned scan copy to the company by email
company is not refusing me full and final settlement but also not paying me.
what shall i do ?:?:
uttam
From India, Mumbai
i have approved and signed it and also returned scan copy to the company by email
company is not refusing me full and final settlement but also not paying me.
what shall i do ?:?:
uttam
From India, Mumbai
dear
this type of agreement does not have any legal value in india and no one can ban you to take appointment with competetor.they can not with hold your full and final ,send a legal notice through advocate and file a case .
tks
j s malik
From India, Delhi
this type of agreement does not have any legal value in india and no one can ban you to take appointment with competetor.they can not with hold your full and final ,send a legal notice through advocate and file a case .
tks
j s malik
From India, Delhi
This practice is violation of fundamental rights of Indian citizens...
This is against law and human rights too..Employment is choice of employee employer does not gurantee that after leaving his employment, if you don't find any alternative employment for or within next six months as stated in this clause employer will not compensate salary because you have honoured this clause of agreement and because he impose this restrictions not to join his competitor.....
There is not balance of justice and this is one sided favouring employers choice therefore not tenable under any law...
You can ask recovery of money due from the employer clause under section 33C2 of ID Act and refer matter to the labour Commissioner for concialiation matter will be resolved amicably...
Badlu
From Saudi Arabia
This is against law and human rights too..Employment is choice of employee employer does not gurantee that after leaving his employment, if you don't find any alternative employment for or within next six months as stated in this clause employer will not compensate salary because you have honoured this clause of agreement and because he impose this restrictions not to join his competitor.....
There is not balance of justice and this is one sided favouring employers choice therefore not tenable under any law...
You can ask recovery of money due from the employer clause under section 33C2 of ID Act and refer matter to the labour Commissioner for concialiation matter will be resolved amicably...
Badlu
From Saudi Arabia
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Full n final settlement.doc
Full & final.xls