Hi i am currently facing a major issue with the org that i had served for 3 years ,i gave 2 months notice ,handed over all documents and after the last working day, the next day they tell me that the Full and final cannot be cleared immediatly bcoz -:
1) i will need to wait 60 days
2) they claim a client still needs to clear their out standing unless that does not happen they will not clear my outstanding.
3) they are threating me with goons and beating me with slippers if i dont get the payments
4)they also said they will not clear my FNF if the client does not come in front of them or clear their payment
Tell me its a corporate account what can i do if the client does not pay.
I am in Business Development and we have a seperate accounts team handling all this still they are not releasing me now and giving my FNF.
From India, Mumbai
1) i will need to wait 60 days
2) they claim a client still needs to clear their out standing unless that does not happen they will not clear my outstanding.
3) they are threating me with goons and beating me with slippers if i dont get the payments
4)they also said they will not clear my FNF if the client does not come in front of them or clear their payment
Tell me its a corporate account what can i do if the client does not pay.
I am in Business Development and we have a seperate accounts team handling all this still they are not releasing me now and giving my FNF.
From India, Mumbai
Assuming you have given the correct and full information, the action on part of your employer is illegal.
1. Full and final settlement has to be done within 30 days. Out if that, salary / wages has to be settled within 2 days from the last working day,
2. It is a criminal offence to threaten someone with bodily harm. You and file a complain with the police. But if you go without evidence, the police may not take it seriously
3. Salary of an employee can not be held back on account of non payment by the client, unless the employee is the reason the client is not paying, or the account was acquired by the employee in violation of company rules or any action amounting to misconduct related to that non paying account.
Was there any clause in your terms of employment making you responsible for collecting payments ?
From India, Mumbai
23951. Full and final settlement has to be done within 30 days. Out if that, salary / wages has to be settled within 2 days from the last working day,
2. It is a criminal offence to threaten someone with bodily harm. You and file a complain with the police. But if you go without evidence, the police may not take it seriously
3. Salary of an employee can not be held back on account of non payment by the client, unless the employee is the reason the client is not paying, or the account was acquired by the employee in violation of company rules or any action amounting to misconduct related to that non paying account.
Was there any clause in your terms of employment making you responsible for collecting payments ?
From India, Mumbai
No Clause is their ,however they want me to get the client in front of them or else they will not release is their claim ,also i have recording done on my mobile while they threaten me the second time .
also they dont want to take back the laptop and mobile sim saying they are not releasing me, later i hope they dont trap me saying another story is my concern. i had handed over the laptop and sim,then they arsked to work another 10 days but they have not given me this in writting but again i have the recording done.
Also they keep telling me of seroius consequences if the client does not pay,
please assist me in getting out of this muddle and how to handle this situation.
From India, Mumbai
also they dont want to take back the laptop and mobile sim saying they are not releasing me, later i hope they dont trap me saying another story is my concern. i had handed over the laptop and sim,then they arsked to work another 10 days but they have not given me this in writting but again i have the recording done.
Also they keep telling me of seroius consequences if the client does not pay,
please assist me in getting out of this muddle and how to handle this situation.
From India, Mumbai
It is good you recorded their threat
You can now go to the police and file a complain. The recording is adequate evidence.
However, most people have bd experience with police, so don't expect much help unless you have some influence of important people. It is important to file an FIR so that it is on record and will be taken into account in case of any incident or if the company decides to file a complain against you.
About the company assets, send a registered letter informing them you have offered to return their assets which they have refused to take back. Further that the assets are in your custody and you are willing to,give it back as and when they wish to take it. However, go with adequate witness when you give the assets back and take an as knowledge net.
Further, I would suggest you complain to the labour commissioners office of the incident and harassment and non receipt of salary
From India, Mumbai
You can now go to the police and file a complain. The recording is adequate evidence.
However, most people have bd experience with police, so don't expect much help unless you have some influence of important people. It is important to file an FIR so that it is on record and will be taken into account in case of any incident or if the company decides to file a complain against you.
About the company assets, send a registered letter informing them you have offered to return their assets which they have refused to take back. Further that the assets are in your custody and you are willing to,give it back as and when they wish to take it. However, go with adequate witness when you give the assets back and take an as knowledge net.
Further, I would suggest you complain to the labour commissioners office of the incident and harassment and non receipt of salary
From India, Mumbai
Hiiii
Currently i face a major issue with the org boss that i had served for 3 years ,and still working with the org ,
Actually i m working with the retail Outlet as Store incharge , Recently Auditor has done audit of store and found shrinkage was increase which is more then previous audit .And the same audit report was email to my operation head .
The operation head clearly told me that in the coming month if the shrinkage will be increase he will terminate me and will file a legal action against me . and my final settlement will not be clear and whatever shrinkage is there will be paid from my settlement .
According to him i am the face of org and outlet and if the shrinkage is going on on behalf of me in my outlet OR done by yr staff , I am responsible for that , because i am store incharge .
Even he told me you are on noticed and if the shrinkage will increase you will be terminated from job and even u will not get relieving letter & between this period i can t resign from my job and remain abscond without notice to my seniors .
For this i told my senior why i will remain absent or go on abscond , I know i am not wrong so why i should be worry about that .
but now i just wanted to know if he terminate me and not clear my final dues . So what action i should take against him .
regards
sham
From India, Mumbai
Currently i face a major issue with the org boss that i had served for 3 years ,and still working with the org ,
Actually i m working with the retail Outlet as Store incharge , Recently Auditor has done audit of store and found shrinkage was increase which is more then previous audit .And the same audit report was email to my operation head .
The operation head clearly told me that in the coming month if the shrinkage will be increase he will terminate me and will file a legal action against me . and my final settlement will not be clear and whatever shrinkage is there will be paid from my settlement .
According to him i am the face of org and outlet and if the shrinkage is going on on behalf of me in my outlet OR done by yr staff , I am responsible for that , because i am store incharge .
Even he told me you are on noticed and if the shrinkage will increase you will be terminated from job and even u will not get relieving letter & between this period i can t resign from my job and remain abscond without notice to my seniors .
For this i told my senior why i will remain absent or go on abscond , I know i am not wrong so why i should be worry about that .
but now i just wanted to know if he terminate me and not clear my final dues . So what action i should take against him .
regards
sham
From India, Mumbai
Most retail stores hold the store staff and manager responsible for shrinkage
Theft from the store is difficult if the processes are correctly followed. Mostly it is theft by the store staff and the manager, or mistakes that are due to carelessness of the staff.
In such case, given the adverse remarks of the auditor, the company is free to terminate you for the shrinkage. They are also within their rights to recover the shortage from you. The goods were in your custody. You are Responsible for it.
So, they can deduct it from the does other than PF. I Think this May come under fraud and moral treplitude under which gratuity can be refused.
The company can not refuse a relieving letter if they terminate you. But a termination letter will affect your career, specially of it states fraud or theft as the reason.
From India, Mumbai
Theft from the store is difficult if the processes are correctly followed. Mostly it is theft by the store staff and the manager, or mistakes that are due to carelessness of the staff.
In such case, given the adverse remarks of the auditor, the company is free to terminate you for the shrinkage. They are also within their rights to recover the shortage from you. The goods were in your custody. You are Responsible for it.
So, they can deduct it from the does other than PF. I Think this May come under fraud and moral treplitude under which gratuity can be refused.
The company can not refuse a relieving letter if they terminate you. But a termination letter will affect your career, specially of it states fraud or theft as the reason.
From India, Mumbai
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Full n final settlement.doc
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