Hi, i was working as an EXEC hr & admin in a startup e-commerce company for 11 months, i got a great oppurtunity in an IT company recently and after serving 1 month notice period joined the new company. Its been 21 days and i have contacted the CFO of the e-commerce company who has now refused to clear my full and final dues with no reasons. He has been rude and harsh to my father who called to enquire on my behalf, the reason for non-payment is apparently my task was not complete and there are matters pending.
The employee records were incomplete because the employees prior to my joining did not submit documents,despite several reminders they did not submit, the CA who is now the HR was given the download of the pending task. I have been relieved off my duties and i was given my relieving letter. Now they are refusing to give me my experience letter and my full and final dues. Kindly suggest me actions to take because i also hold LLB degree and as far as i know as long as they have
From India, Mumbai
1The employee records were incomplete because the employees prior to my joining did not submit documents,despite several reminders they did not submit, the CA who is now the HR was given the download of the pending task. I have been relieved off my duties and i was given my relieving letter. Now they are refusing to give me my experience letter and my full and final dues. Kindly suggest me actions to take because i also hold LLB degree and as far as i know as long as they have
From India, Mumbai
I also hold a LLB degree and as far as i know legally an employer cannot hold back the full and final dues because of some lame excuse that some tasks are pending. The management had accepted my resignation and accepted my LWD as 11th March 2013.
I also wish to add that during my 11 month tenure i have requested the CFO to enlarge the HR team as i was alone managing the entire company\'s all facets of HR. There was total workstrength of 180 employees in this start up company. please do suggest on my predicament.
From India, Mumbai
I also wish to add that during my 11 month tenure i have requested the CFO to enlarge the HR team as i was alone managing the entire company\'s all facets of HR. There was total workstrength of 180 employees in this start up company. please do suggest on my predicament.
From India, Mumbai
As per Payment of Wages Act, F & F settlement/final full payment has to be done and pay to left employee within 24 hours. If not done, talk to labour officer or visit Assistant Labour commisioner.
From India, Ahmadabad
From India, Ahmadabad
Employers behavior with Ur father shows he is not interested in making payment.Only way is to file a case in a competent court. But before going court U may serve an approach notice .
From India, Bhopal
From India, Bhopal
Dear Suchi,
Since you delivered due notice to leave the company and you were formally relieved of your duties therefore you are entitled to full and final dues. The company cannot withhold your legitimate dues on any ground. Serve a notice to the company, file a complaint with the Labour Commissioner, you can also send complaints to the Labour Minister of your state. You can also file a complaint with the Commissioner of Income Tax and other authorities. But before filing complaints make sure that you have obtained your experience certificate or that you do not mention the experience of this company in your future job applications.
With good wishes.
C.M. Lal Srivastava
New Delhi 9818680671
From India, New Delhi
Since you delivered due notice to leave the company and you were formally relieved of your duties therefore you are entitled to full and final dues. The company cannot withhold your legitimate dues on any ground. Serve a notice to the company, file a complaint with the Labour Commissioner, you can also send complaints to the Labour Minister of your state. You can also file a complaint with the Commissioner of Income Tax and other authorities. But before filing complaints make sure that you have obtained your experience certificate or that you do not mention the experience of this company in your future job applications.
With good wishes.
C.M. Lal Srivastava
New Delhi 9818680671
From India, New Delhi
Mr. Lal
Please explain why you are asking her to complain to :
- labour minister
- income tax
In what way will this benefit ?
The other point I agree fully : if you complain, then you better not refer to that company for future reference as they will definitely give a wrong / bad reference to your future employers
From India, Mumbai
Please explain why you are asking her to complain to :
- labour minister
- income tax
In what way will this benefit ?
The other point I agree fully : if you complain, then you better not refer to that company for future reference as they will definitely give a wrong / bad reference to your future employers
From India, Mumbai
Hi Suchi_law82
In my view, Instead of filling a case, you should atlest once visit your previous company and personally meet the CFO and ask about the ral issue and try to solve it there and then
Its easy to file a complaint but it will ruin your relationship of 11 months and also future also
"Kyunki Baat karne se hi baat banti h"
If this does not work then you can definately file a case in a labour court or else
Regards
Nisha Malhotra
From India, New Delhi
In my view, Instead of filling a case, you should atlest once visit your previous company and personally meet the CFO and ask about the ral issue and try to solve it there and then
Its easy to file a complaint but it will ruin your relationship of 11 months and also future also
"Kyunki Baat karne se hi baat banti h"
If this does not work then you can definately file a case in a labour court or else
Regards
Nisha Malhotra
From India, New Delhi
Dear Suchi,
Yes all said you will ruin the relation with the company. But if you are adamant to get your due, then in that case you send a letter asking for clearance of your dues along with your experience letter, through registered post. Wait for 2 to 3 week and once again send a reminder to the company for the same, again through Registered post.
Having done that you can approach the labour office in your area, with the above proof. This will make your case strong. All the best
Regards
Anita
From India, Mumbai
Yes all said you will ruin the relation with the company. But if you are adamant to get your due, then in that case you send a letter asking for clearance of your dues along with your experience letter, through registered post. Wait for 2 to 3 week and once again send a reminder to the company for the same, again through Registered post.
Having done that you can approach the labour office in your area, with the above proof. This will make your case strong. All the best
Regards
Anita
From India, Mumbai
Good Suggestion by Nisha.
However, I have been seeing that many Working H R in the industry, indention delay or not paying F & F.
If Suchi wants her rights of earned salary under F & F, should meet Labour Authority and Let the Labour Authority handle this situation follow by awakening eyes of last employed organization's CS, CEO, M D etc to know how H R deployed is behaving with left employees and creating impression of Wrong H R practice by not following Labour laws ( Mahenat ki kamaayi kaise chhod de!)
From India, Ahmadabad
However, I have been seeing that many Working H R in the industry, indention delay or not paying F & F.
If Suchi wants her rights of earned salary under F & F, should meet Labour Authority and Let the Labour Authority handle this situation follow by awakening eyes of last employed organization's CS, CEO, M D etc to know how H R deployed is behaving with left employees and creating impression of Wrong H R practice by not following Labour laws ( Mahenat ki kamaayi kaise chhod de!)
From India, Ahmadabad
I think you wont get much more than nothing because for 11 month you would not be eligible for earned salary. CL and SL cannot be encashed, No gratuity applicable, then if any deposit, pending salary or deduction to be reimbursed can be claimed.
Anyway they will not give you a good conduct and reference. PF can be claimed without employer authorization or you can directly.
As a HR executive you can calculate what you can get from them. If you need only clearance and conduct cum experience certificate then you can write (Registered with AD)them like a notice that whatever you want to be confirmed by them along with a statement at the end that "If any controversy found please make a written reply with in 7days otherwise considered as agreed without any objection" and give a 7days time to get reply if any objection in that.
You can show this letter and RWAD to your future employer and also you can say that was also one of the main reason for quitting the JOB from that employer.
Therefore if any employer verifies your background in future, they will know that the company has not followed the labour compliance properly and they don't believe their words too.
This is my personal view
Thendralava
DGM-HR & ADMIN
From India, Coimbatore
Anyway they will not give you a good conduct and reference. PF can be claimed without employer authorization or you can directly.
As a HR executive you can calculate what you can get from them. If you need only clearance and conduct cum experience certificate then you can write (Registered with AD)them like a notice that whatever you want to be confirmed by them along with a statement at the end that "If any controversy found please make a written reply with in 7days otherwise considered as agreed without any objection" and give a 7days time to get reply if any objection in that.
You can show this letter and RWAD to your future employer and also you can say that was also one of the main reason for quitting the JOB from that employer.
Therefore if any employer verifies your background in future, they will know that the company has not followed the labour compliance properly and they don't believe their words too.
This is my personal view
Thendralava
DGM-HR & ADMIN
From India, Coimbatore
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