Dear Team,
We have an employee who had left our organization on the last working day of October, 2012 & we have processed our increments in the month of December, 2012 for all the employees working on the rolls of the company w.e.f 01st April, 2012.
Now this employee has been asking for his increment amount for w.e.f 01st April to 31st Oct, 12.
Request you to let me know whether he is eligible to receive this amount since he left the organization before?
Please advise.
Regards
Ranjeet
From India, New Delhi
11We have an employee who had left our organization on the last working day of October, 2012 & we have processed our increments in the month of December, 2012 for all the employees working on the rolls of the company w.e.f 01st April, 2012.
Now this employee has been asking for his increment amount for w.e.f 01st April to 31st Oct, 12.
Request you to let me know whether he is eligible to receive this amount since he left the organization before?
Please advise.
Regards
Ranjeet
From India, New Delhi
Dear Ranjeet, he is not eligible for incremented amount as he left the job and don’t worry he can not take any legal step for the same.
From India, Kota
From India, Kota
Dear Akhil,
Thanks for the revert.
Request you to help me out to draft a reply for the mail below:-
This is with reference to your mail dated 28/2/2013, which is in reply to my request for release of arrear of my salary consequent upon enhancement of salary of executive grade posts in ______. I have gone through the contents of the mail.It has been stated that there has been no revision of salary of the executives but it is only special increment given to those employees who were on the attendance roll as on 30/11/2012. In this connection, I wish to inform you that special allowance is nothing new, but it is in lieue of annual increment payable to the employees for their past year’s satisfactory performance. This increment is payable to the employees in accordance with the instant rules/practices. In so far as ______ Company is concerned, a belated order is being issued in the month of September/October every year for grant of increment, special allowance, promotion etc to the employees. This order is made applicable retrospectively with effect from 1st April of the respective year. No stipulation is made in the order that only working employees on the date of issue of the order would be eligible for the benefits. As the order is applicable retrospectively with effect from 1st April of the year, all the employees on the attendance roll are supposed to be entitled to the revision of pay/grant of special allowance etc. Any decision contrary to it is not tenable in law.
Thus since I was on the attendance roll of _______ on 1/4/2012 till 31/10/2012, I am entitled to special allowance available on the basis of the order. It is, therefore, requested that the arrear accruing on the issue of order may kindly be released.
Please Help, this is urgent
Regards
Ranjeet
From India, New Delhi
Thanks for the revert.
Request you to help me out to draft a reply for the mail below:-
This is with reference to your mail dated 28/2/2013, which is in reply to my request for release of arrear of my salary consequent upon enhancement of salary of executive grade posts in ______. I have gone through the contents of the mail.It has been stated that there has been no revision of salary of the executives but it is only special increment given to those employees who were on the attendance roll as on 30/11/2012. In this connection, I wish to inform you that special allowance is nothing new, but it is in lieue of annual increment payable to the employees for their past year’s satisfactory performance. This increment is payable to the employees in accordance with the instant rules/practices. In so far as ______ Company is concerned, a belated order is being issued in the month of September/October every year for grant of increment, special allowance, promotion etc to the employees. This order is made applicable retrospectively with effect from 1st April of the respective year. No stipulation is made in the order that only working employees on the date of issue of the order would be eligible for the benefits. As the order is applicable retrospectively with effect from 1st April of the year, all the employees on the attendance roll are supposed to be entitled to the revision of pay/grant of special allowance etc. Any decision contrary to it is not tenable in law.
Thus since I was on the attendance roll of _______ on 1/4/2012 till 31/10/2012, I am entitled to special allowance available on the basis of the order. It is, therefore, requested that the arrear accruing on the issue of order may kindly be released.
Please Help, this is urgent
Regards
Ranjeet
From India, New Delhi
Dear______, As per Company Policy you are not the eligible candidate for arrears as you left the company in October-12.
From India, Kota
From India, Kota
Dear Akhil, This will not help, We would require a vast explanation for this. I suppose this he might be drafted by a lwayer. Regards Ranjeet
From India, New Delhi
From India, New Delhi
why do you want to give explanation??? as increment is not the legal right of the employee.
From India, Kota
From India, Kota
Can you send me the reference of some cases regariding these where it has been proved that increments are not right of the employee.
Let me explain you the full case. We have transfeered the employee to some other city and after some days of leves finally he had resigned from the services of the company. We have processed our increments for employees who all were working on rolls w.e.f. 01st April, 2012 and paid the arrears. since he has resigned on 31st Oct, 12 we have not processed the same. Now he has been asking for the annual increment for the period till 31st Oct, 12 by giving the explnation that it was based on the last year performance only.
I need to send my reply to the employee as i know again he will crib in front of higher management or else to the court.
Please tell how to draft the reposne.
Regards
Ranjeet
From India, New Delhi
Let me explain you the full case. We have transfeered the employee to some other city and after some days of leves finally he had resigned from the services of the company. We have processed our increments for employees who all were working on rolls w.e.f. 01st April, 2012 and paid the arrears. since he has resigned on 31st Oct, 12 we have not processed the same. Now he has been asking for the annual increment for the period till 31st Oct, 12 by giving the explnation that it was based on the last year performance only.
I need to send my reply to the employee as i know again he will crib in front of higher management or else to the court.
Please tell how to draft the reposne.
Regards
Ranjeet
From India, New Delhi
i don't have any case study at the moment. He can not file the case as he has taken full & final payment on duly discharged voucher. Increment is prerogative of the employer & an Employee can not claim it once he has resigned & taken full & final payment.
From India, Kota
From India, Kota
Dear Ranjeet,
Once the employee has resigned and he / she has received F & F settlement, he is legally not entitled or eligible for any increment or such other benefit. I am surprised, why you are asking for draft reply. In fact, you need not to reply at all. Why are you wasting your valuable time for such a vague demand. In fact, the employee can't do anything against the company on legal ground. Let him / her write mails to whom so ever he / she wants to write. I hope you can easily convince the management of your company on this issue.
Regards,
Prabhat
From India, Mumbai
Once the employee has resigned and he / she has received F & F settlement, he is legally not entitled or eligible for any increment or such other benefit. I am surprised, why you are asking for draft reply. In fact, you need not to reply at all. Why are you wasting your valuable time for such a vague demand. In fact, the employee can't do anything against the company on legal ground. Let him / her write mails to whom so ever he / she wants to write. I hope you can easily convince the management of your company on this issue.
Regards,
Prabhat
From India, Mumbai
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