Hi Seniors,
One of my friends joined a company a few months back. He worked with that company for about two and a half months. During his tenure with that company, he did not receive any offer or appointment letter. He only received a letter of intent at the time of the interview (as an offer), and it did not have any notice period clause or any salary or package mentioned on it. The HR offered him 10,500 Rs, but when he received his salary for the first month, it was according to 9200 Rs as there was no salary mentioned in the letter. He was not happy with this. So, he disputed that amount with the management, and finally, the management agreed that he was offered 10,500 Rs because the HR had noted the amount offered on the candidate's CV. It is their policy not to issue an appointment letter to any candidate before the completion of one month, and they do not mention the candidate's salary on the letter of intent. They mention the salary offered to the candidate on the CV only for their reference in a rough format. However, he did not receive the disputed amount even in the second month's salary as promised by the management and HR. So, he began raising the issue with the management daily. Eventually, the management agreed and paid him the disputed amount in the middle of the third month. As soon as he received the disputed amount from the management, he resigned from the company. However, they were not accepting his resignation. So, he officially resigned on the manager, HR, and TL's official email IDs. He did not serve the notice period as there was no clause regarding the notice period in the letter of intent. Apart from that letter, he had not signed on any other document. He asked the HR numerous times for the offer/appointment letter, but he did not receive it.
When 45 days had passed since the resignation, and he called the HR for the salary of 13 days for that month, she started making excuses (like the accountant is not here, it's the end of the month, you will get F&F tomorrow). The date she provided him with, after that, she avoided picking up his calls. He felt harassed by the company. Finally, he called his manager regarding the salary for those days, and the manager mentioned that he might have to pay the company (basic salary) as he did not serve the notice period. This situation has left him in a dilemma and tension.
So, respected seniors, my query to all of you is whether he is eligible for the salary of those days or not? And if he applies for F&F, does he have to reimburse the company (basic salary) as he did not serve the notice period?
Your early response will be highly appreciated, and it might help him receive the salary for those days from the company.
Thanks & regards,
Mukesh
From India, Shimla
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One of my friends joined a company a few months back. He worked with that company for about two and a half months. During his tenure with that company, he did not receive any offer or appointment letter. He only received a letter of intent at the time of the interview (as an offer), and it did not have any notice period clause or any salary or package mentioned on it. The HR offered him 10,500 Rs, but when he received his salary for the first month, it was according to 9200 Rs as there was no salary mentioned in the letter. He was not happy with this. So, he disputed that amount with the management, and finally, the management agreed that he was offered 10,500 Rs because the HR had noted the amount offered on the candidate's CV. It is their policy not to issue an appointment letter to any candidate before the completion of one month, and they do not mention the candidate's salary on the letter of intent. They mention the salary offered to the candidate on the CV only for their reference in a rough format. However, he did not receive the disputed amount even in the second month's salary as promised by the management and HR. So, he began raising the issue with the management daily. Eventually, the management agreed and paid him the disputed amount in the middle of the third month. As soon as he received the disputed amount from the management, he resigned from the company. However, they were not accepting his resignation. So, he officially resigned on the manager, HR, and TL's official email IDs. He did not serve the notice period as there was no clause regarding the notice period in the letter of intent. Apart from that letter, he had not signed on any other document. He asked the HR numerous times for the offer/appointment letter, but he did not receive it.
When 45 days had passed since the resignation, and he called the HR for the salary of 13 days for that month, she started making excuses (like the accountant is not here, it's the end of the month, you will get F&F tomorrow). The date she provided him with, after that, she avoided picking up his calls. He felt harassed by the company. Finally, he called his manager regarding the salary for those days, and the manager mentioned that he might have to pay the company (basic salary) as he did not serve the notice period. This situation has left him in a dilemma and tension.
So, respected seniors, my query to all of you is whether he is eligible for the salary of those days or not? And if he applies for F&F, does he have to reimburse the company (basic salary) as he did not serve the notice period?
Your early response will be highly appreciated, and it might help him receive the salary for those days from the company.
Thanks & regards,
Mukesh
From India, Shimla
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Hi Seniors,
One of my friends joined a company a few months back. He worked with that company for about two and a half months. During his tenure with that company, he did not receive any offer or appointment letter. He only received a letter of intent at the time of the interview (as an offer), and it did not contain any notice period clause or mention any salary or package. The HR offered him 10,500 Rs, but when he received his salary for the first month, it was only 9200 Rs as there was no salary mentioned in the letter. He was not happy with this, so he disputed the amount with the management. The management eventually agreed that he was offered 10,500 Rs because the HR had noted the amount on the candidate's CV. However, he did not receive the disputed amount in the second month's salary as promised by the management and HR. He raised the issue daily with the management until they finally paid him the disputed amount in the middle of the third month. After receiving the disputed amount, he resigned from the company, but they were initially not accepting his resignation. He officially resigned via email to the manager, HR, and TL. He did not serve the notice period as there was no notice period clause in the letter of intent, and he had not signed any other letters. He repeatedly asked for an offer/appointment letter but did not receive one.
After 45 days since his resignation, when he contacted HR for the salary of 13 days for that month, she began making excuses (like the accountant is unavailable, it's the end of the month, you will receive your F&F tomorrow). The date she provided for payment passed, and she avoided his calls. Feeling harassed, he approached his manager regarding the salary for those days, but the manager mentioned that he might have to pay the company (basic salary) as he did not serve the notice period. This situation has left him in a dilemma and tension.
Seniors, my query to all of you is whether he is eligible for the salary of those days or not? If he applies for F&F, will he have to repay the company (basic salary) for not serving the notice period?
Your prompt response would be highly appreciated and could assist him in receiving the salary for those days from the company.
Thanks & regards,
Mukesh
From India, Shimla
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One of my friends joined a company a few months back. He worked with that company for about two and a half months. During his tenure with that company, he did not receive any offer or appointment letter. He only received a letter of intent at the time of the interview (as an offer), and it did not contain any notice period clause or mention any salary or package. The HR offered him 10,500 Rs, but when he received his salary for the first month, it was only 9200 Rs as there was no salary mentioned in the letter. He was not happy with this, so he disputed the amount with the management. The management eventually agreed that he was offered 10,500 Rs because the HR had noted the amount on the candidate's CV. However, he did not receive the disputed amount in the second month's salary as promised by the management and HR. He raised the issue daily with the management until they finally paid him the disputed amount in the middle of the third month. After receiving the disputed amount, he resigned from the company, but they were initially not accepting his resignation. He officially resigned via email to the manager, HR, and TL. He did not serve the notice period as there was no notice period clause in the letter of intent, and he had not signed any other letters. He repeatedly asked for an offer/appointment letter but did not receive one.
After 45 days since his resignation, when he contacted HR for the salary of 13 days for that month, she began making excuses (like the accountant is unavailable, it's the end of the month, you will receive your F&F tomorrow). The date she provided for payment passed, and she avoided his calls. Feeling harassed, he approached his manager regarding the salary for those days, but the manager mentioned that he might have to pay the company (basic salary) as he did not serve the notice period. This situation has left him in a dilemma and tension.
Seniors, my query to all of you is whether he is eligible for the salary of those days or not? If he applies for F&F, will he have to repay the company (basic salary) for not serving the notice period?
Your prompt response would be highly appreciated and could assist him in receiving the salary for those days from the company.
Thanks & regards,
Mukesh
From India, Shimla
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Dear Murukesh,
Before that, just clarify one thing. Is your friend working in an export company in Chennai? On reading this, I felt the same way I was cheated by an organization in 2007 by not issuing my one-month salary. I have no proof of working there. I only worked there for one month, and the MD promised me ₹15,000. If they are in the garment export business, simply drop an email to the buyers; the rest they will take care of. This is what I did, but as I haven't received any letter of offer or payslip, I am unable to prove my tenure there.
From India, Bangalore
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Before that, just clarify one thing. Is your friend working in an export company in Chennai? On reading this, I felt the same way I was cheated by an organization in 2007 by not issuing my one-month salary. I have no proof of working there. I only worked there for one month, and the MD promised me ₹15,000. If they are in the garment export business, simply drop an email to the buyers; the rest they will take care of. This is what I did, but as I haven't received any letter of offer or payslip, I am unable to prove my tenure there.
From India, Bangalore
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Hi,
Thank you for your response and advice. To clarify, he was working in a BPO in Gurgaon. As proof, he has an I-card from that organization, and he also received a salary of 10,500 in the second month through online money transfer into his salary account from that company. What should he do in this scenario?
Respected seniors, my query to all of you is whether he is eligible for the salary of those days or not? And if he applies for F&F, does he have to make the payment (basic salary) back to the company as he did not serve the notice period?
Your early response will be highly appreciated, and it might help him receive the salary for those days from the company. Please reply.
Thanks & regards,
Mukesh
From India, Shimla
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Thank you for your response and advice. To clarify, he was working in a BPO in Gurgaon. As proof, he has an I-card from that organization, and he also received a salary of 10,500 in the second month through online money transfer into his salary account from that company. What should he do in this scenario?
Respected seniors, my query to all of you is whether he is eligible for the salary of those days or not? And if he applies for F&F, does he have to make the payment (basic salary) back to the company as he did not serve the notice period?
Your early response will be highly appreciated, and it might help him receive the salary for those days from the company. Please reply.
Thanks & regards,
Mukesh
From India, Shimla
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Dear Mukesh,
Good morning,
Salary is the legal right of any employee. If the organization has not issued any appointment letter or confirmation letter in which the notice period clause is mentioned, they can't force your friend to serve any notice period. If the organization refuses to pay the full and final settlement, which includes earned leaves (2.5), bonus (two months and thirteen days), and salary for pending days, your friend should simply lodge a complaint with the local Assistant Labour Commissioner. The ALC will send a notice to the company. He should seek assistance from the government authorities available for employees' rights.
Thanks and regards,
Vikas Sharma
Assistant Manager - HR
From India, Gurgaon
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1Good morning,
Salary is the legal right of any employee. If the organization has not issued any appointment letter or confirmation letter in which the notice period clause is mentioned, they can't force your friend to serve any notice period. If the organization refuses to pay the full and final settlement, which includes earned leaves (2.5), bonus (two months and thirteen days), and salary for pending days, your friend should simply lodge a complaint with the local Assistant Labour Commissioner. The ALC will send a notice to the company. He should seek assistance from the government authorities available for employees' rights.
Thanks and regards,
Vikas Sharma
Assistant Manager - HR
From India, Gurgaon
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I think your friend should just forget about the 13 days of salary as he is not going to get it. All he will do is waste time and distract himself from his new job or whatever else he is doing.
2.5 months of work in any organization missing from his CV also rarely causes a problem, so that is not a significant matter. If asked, he should say that he left after 2.5 months as they were not paying the promised salary.
It's better if he does not refer to this work period, as any reference to the company by a new employer will only result in a bad remark from HR or the concerned manager.
From India, Mumbai
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2.5 months of work in any organization missing from his CV also rarely causes a problem, so that is not a significant matter. If asked, he should say that he left after 2.5 months as they were not paying the promised salary.
It's better if he does not refer to this work period, as any reference to the company by a new employer will only result in a bad remark from HR or the concerned manager.
From India, Mumbai
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Dear Vikas and Saswatabanergee,
Thank you for your response and precious time. My friend is already working with another very good organization, and in fact, after leaving them, he received a good opportunity and a good package. However, the point is he doesn't want to forfeit the salary for those 13 days he served at that organization. This is because they never respected any of the employees' feelings and emotions. Before taking any action, he wants to ensure whether he is eligible for the salary of those days.
If he applies for Full and Final Settlement, does he have to repay the company (basic salary) as he did not serve the notice period?
Therefore, I am seeking help from seniors and HR professionals to guide me on this matter. Respected seniors, please assist my friend by sharing your opinion and knowledge.
Thanks & regards,
Mukesh
From India, Shimla
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Thank you for your response and precious time. My friend is already working with another very good organization, and in fact, after leaving them, he received a good opportunity and a good package. However, the point is he doesn't want to forfeit the salary for those 13 days he served at that organization. This is because they never respected any of the employees' feelings and emotions. Before taking any action, he wants to ensure whether he is eligible for the salary of those days.
If he applies for Full and Final Settlement, does he have to repay the company (basic salary) as he did not serve the notice period?
Therefore, I am seeking help from seniors and HR professionals to guide me on this matter. Respected seniors, please assist my friend by sharing your opinion and knowledge.
Thanks & regards,
Mukesh
From India, Shimla
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Mukesh,
Ask your friend if 13 days' salary is worth losing his current job. If the answer is yes, then go ahead, complain to the labor office, send a legal notice, etc. His attention will be distracted from work, plus he will need to take repeated leave from work to attend hearings, etc., and pay for lawyer's fees. For all you know, the previous company may send a notice or letter to the new one. I am quite sure his existing employers will not like that.
From India, Mumbai
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Ask your friend if 13 days' salary is worth losing his current job. If the answer is yes, then go ahead, complain to the labor office, send a legal notice, etc. His attention will be distracted from work, plus he will need to take repeated leave from work to attend hearings, etc., and pay for lawyer's fees. For all you know, the previous company may send a notice or letter to the new one. I am quite sure his existing employers will not like that.
From India, Mumbai
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Can any one help me,
My Name : Amitkumar Shami
Employer : Chaitanya Chemicals (Partnership Firm)
Location : Malkapur-443101, Dist. Buldana, Maharashtra
Designation : Asst. Manager
Period : 2nd June, 2008 to 13th May, 2012
As stated above I worked with above mentioned organization for more than 3 years, due to some personal reasons I have resigned from my job by procedure (i.e. One month notice period duly acknowledge by CEO) till date its 24th June, 2012 thay have not done my Full & Final settlement.
I have furnished my One month notice prior resignation on 13th April, 2012 and got accepted by CEO of the company mentioning that clear my all the dues upto 12th May, 2012. By procedure I have cleared my all dues upto 12th May, 2012. And relieved on the 12th May, 2012 they assured me that “ your salary for the month of May (upto 12th May, 2012) we will pay as usual in next month also we will clear your balance EL, Bonus & PF claim as well”, but till date they have not made my full and final settlement. I am having all the legal documents as follows :
1. Copy of Resignation Letter duly signed.
2. Relieving Letter duly signed by signed.
3. Experience Certificate duly signed by signed.
4. Copy of no dues certificate duly signed by signed.
5. Copy of Data, Assets handover certificate duly signed by signed.
6. Appointment Letter duly signed by signed.
7. Promotion Letter duly signed by signed.
Till date I have communicated with the management regarding the F&F settlement so many times by Email and verbally but they are not giving me any response. One of the partner have given reply that they will take the legal action against me as I have played mischief with the data or erased the data from computer, if such thing happened how they relieved me from my services.
Dear sir please suggest me the legal way to get release my all the payment from employer (i.e. Balance Salary, Encashment of EL, Bonus and My PF)
Waiting for your favorable reply.
From India, Aurangabad
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My Name : Amitkumar Shami
Employer : Chaitanya Chemicals (Partnership Firm)
Location : Malkapur-443101, Dist. Buldana, Maharashtra
Designation : Asst. Manager
Period : 2nd June, 2008 to 13th May, 2012
As stated above I worked with above mentioned organization for more than 3 years, due to some personal reasons I have resigned from my job by procedure (i.e. One month notice period duly acknowledge by CEO) till date its 24th June, 2012 thay have not done my Full & Final settlement.
I have furnished my One month notice prior resignation on 13th April, 2012 and got accepted by CEO of the company mentioning that clear my all the dues upto 12th May, 2012. By procedure I have cleared my all dues upto 12th May, 2012. And relieved on the 12th May, 2012 they assured me that “ your salary for the month of May (upto 12th May, 2012) we will pay as usual in next month also we will clear your balance EL, Bonus & PF claim as well”, but till date they have not made my full and final settlement. I am having all the legal documents as follows :
1. Copy of Resignation Letter duly signed.
2. Relieving Letter duly signed by signed.
3. Experience Certificate duly signed by signed.
4. Copy of no dues certificate duly signed by signed.
5. Copy of Data, Assets handover certificate duly signed by signed.
6. Appointment Letter duly signed by signed.
7. Promotion Letter duly signed by signed.
Till date I have communicated with the management regarding the F&F settlement so many times by Email and verbally but they are not giving me any response. One of the partner have given reply that they will take the legal action against me as I have played mischief with the data or erased the data from computer, if such thing happened how they relieved me from my services.
Dear sir please suggest me the legal way to get release my all the payment from employer (i.e. Balance Salary, Encashment of EL, Bonus and My PF)
Waiting for your favorable reply.
From India, Aurangabad
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If you have been involved in something like deleting data or harming the firm, they will not pay your F&F. They can show the cost of damage as due from you, and that will definitely be higher than your salary.
If you have not done it, you better go immediately and meet the partner to explain and clarify that you have not done such a thing and tell them where the data is stored. Such accusations made to your current employer can jeopardize your job.
From India, Mumbai
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If you have not done it, you better go immediately and meet the partner to explain and clarify that you have not done such a thing and tell them where the data is stored. Such accusations made to your current employer can jeopardize your job.
From India, Mumbai
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