Hi
I have been asked to leave the job in 2days without any valid reason from the employer.
It took me 1complete month to follow up for my dues clearance which was
1. march salary
2. feb pending salary (42000/- to be paid in the month of march after submission of tax proofs)
3. 2 month notice period salary
4. 120000/- was my reimb balance.
in total on 2nd may company had given me cheque of 2.2lac and not paid following
1. 1100/- : deducted against data card given to me (it was never mentioned anywhere In employee guide book about this)
2. 3000/- : miscl deduction made with no proof
3. 9800/- : bill was lost and the approval was in the mail from my department head.
4. 42000/- : feb pending salary
now, after 10days of followups and with no reply my employer, today I do got mail from them but they are claiming since you have deposited the cheque and all are cleared on 3rd may , we are hereby considering that all your doubts are cleared and full and final is cleared.
please suggest as how I can recover my balance dues. can I sue company ? if yes, than how ?
thanks
From India, Delhi
I have been asked to leave the job in 2days without any valid reason from the employer.
It took me 1complete month to follow up for my dues clearance which was
1. march salary
2. feb pending salary (42000/- to be paid in the month of march after submission of tax proofs)
3. 2 month notice period salary
4. 120000/- was my reimb balance.
in total on 2nd may company had given me cheque of 2.2lac and not paid following
1. 1100/- : deducted against data card given to me (it was never mentioned anywhere In employee guide book about this)
2. 3000/- : miscl deduction made with no proof
3. 9800/- : bill was lost and the approval was in the mail from my department head.
4. 42000/- : feb pending salary
now, after 10days of followups and with no reply my employer, today I do got mail from them but they are claiming since you have deposited the cheque and all are cleared on 3rd may , we are hereby considering that all your doubts are cleared and full and final is cleared.
please suggest as how I can recover my balance dues. can I sue company ? if yes, than how ?
thanks
From India, Delhi
First of all do let us know the following
1) Did you claim all your dues
2) When the employer paid you the cheque of Rs. 2.2 lac you recieved a FnF statement whether you accepted (acceptance by signature) the calculation of the statement
3) Did you revoked for miscalculation/calculation is not in accordance with yours
Please clarify the above so that the seniors can guide you accordingly
From India, Ahmadabad
7331) Did you claim all your dues
2) When the employer paid you the cheque of Rs. 2.2 lac you recieved a FnF statement whether you accepted (acceptance by signature) the calculation of the statement
3) Did you revoked for miscalculation/calculation is not in accordance with yours
Please clarify the above so that the seniors can guide you accordingly
From India, Ahmadabad
Are you in possession of any data card given to you by the company?
Are there any clauses about company's asset?
If this data card was provided to you by the company, it was company's asset which should have been handled carefully and should have been returned.
Did you ask the HR about the liability of the card or if you were to keep it with you?
I can't comment on this as I am myself not clear on what is being said.
What was the approval for? What purchase was made.
Another thing, getting approval, and taking cash for it (either in advance or post poayment) is different thing and buying that product and using it is different.
Meaning to say that, in the absence of the bill, now the company can say that they did approve you to buy the said item(s) and had given you the cash in advance. But you never purchased them and never gave it to the company.
Just given you their view point on this so that you can accordingly build your case.
In the above thing you also mentioned that they were liable to pay you march's salary as well.
So is it that they paid you march's salary but didn't give you feb's salary?
The queries raised in above post are very much needing the answer.
In addition to it, would like to say that,
If you had signed the acceptance of the cheque and have not given an application for the wrong calculations or only partial payment of dues, then it would be difficult to do anything.
Also had you not done the calculations of your dues beforehand?
How was it that even if the figures were drastically low, you accepted the cheque and even deposited it?
I can understand you might have deposited out of the fear that if they did stop payment or something like that you'd be denied of whatever you have now.
But honestly, if they'd have done that it would have worked against them.
Secondly, you also didn't mention about the termination policy of your firm, the date of your termination and other details.
From India, Mumbai
Are there any clauses about company's asset?
If this data card was provided to you by the company, it was company's asset which should have been handled carefully and should have been returned.
Did you ask the HR about the liability of the card or if you were to keep it with you?
I can't comment on this as I am myself not clear on what is being said.
What was the approval for? What purchase was made.
Another thing, getting approval, and taking cash for it (either in advance or post poayment) is different thing and buying that product and using it is different.
Meaning to say that, in the absence of the bill, now the company can say that they did approve you to buy the said item(s) and had given you the cash in advance. But you never purchased them and never gave it to the company.
Just given you their view point on this so that you can accordingly build your case.
In the above thing you also mentioned that they were liable to pay you march's salary as well.
So is it that they paid you march's salary but didn't give you feb's salary?
The queries raised in above post are very much needing the answer.
In addition to it, would like to say that,
If you had signed the acceptance of the cheque and have not given an application for the wrong calculations or only partial payment of dues, then it would be difficult to do anything.
Also had you not done the calculations of your dues beforehand?
How was it that even if the figures were drastically low, you accepted the cheque and even deposited it?
I can understand you might have deposited out of the fear that if they did stop payment or something like that you'd be denied of whatever you have now.
But honestly, if they'd have done that it would have worked against them.
Secondly, you also didn't mention about the termination policy of your firm, the date of your termination and other details.
From India, Mumbai
Hi
I will go point wise
1. data card was been misplaced during my official trip in the month of dec. I informed via mail to HR . at that time nothing was mentioned related chargeable amount nor it was mentioned in any company documents.
2. 3000/- been deducted as misl charges and with no supportings
3. 9800/- : I have used my personal money to purchase products used in company's event. in reimb form bill was attached but got missed by finance team and later they have asked for approval. I taken approval from director been purchase made for company use. but later during FnF they have ignored
4. no they have not given me pending feb salary. they have paid 28000/- and deducted balance due to non submission of tax declaration. tax declaration proof submitted to them on 3rd march and company had confirmed me that the balance shall be paid along march salary
5. ihave signed the fnf papers and also mentioned about these cases in writing and taken one photocopy for self. company is private firm and hence i not trusted in waiting for their response in clearing balance issue and deposited the cheque which i got immediately
6. on 29th march i been told to not come from 1st april and said they will pay 2month salary along other pending reimb.
7. i have all written communication related pending dues till date.
From India, Delhi
I will go point wise
1. data card was been misplaced during my official trip in the month of dec. I informed via mail to HR . at that time nothing was mentioned related chargeable amount nor it was mentioned in any company documents.
2. 3000/- been deducted as misl charges and with no supportings
3. 9800/- : I have used my personal money to purchase products used in company's event. in reimb form bill was attached but got missed by finance team and later they have asked for approval. I taken approval from director been purchase made for company use. but later during FnF they have ignored
4. no they have not given me pending feb salary. they have paid 28000/- and deducted balance due to non submission of tax declaration. tax declaration proof submitted to them on 3rd march and company had confirmed me that the balance shall be paid along march salary
5. ihave signed the fnf papers and also mentioned about these cases in writing and taken one photocopy for self. company is private firm and hence i not trusted in waiting for their response in clearing balance issue and deposited the cheque which i got immediately
6. on 29th march i been told to not come from 1st april and said they will pay 2month salary along other pending reimb.
7. i have all written communication related pending dues till date.
From India, Delhi
1. I'd you lost a data card, that is your fault and they have the full right to deduct the cost of the same. You are responsible for what is given to you.
2. In the overall picture, 3000 is something small, forget it. They will have some details and excuse for it.
3. Any item of purchase for which bills are not available, the company will not reimburse. That is a standard that all companies follow. Finance generally does not lose a bill, so it is possible that you may not have attached it. It's difficult now to prove either way. What I do not understand why it is being deducted. Was it paid as an advance ? Or do you mean that they refused to include it in your f&f ?
4. If you submitted the relevant tax forms, the balance is payable to you and you need to follow up and get it.
However, the question is how you will take this up. You are not covered under payment of wages act or factories act, or even industrial dispute act. A civil case will take a long time and what you spend on your lawyers will be more than the 42000 due to you. You need to speak to the owners of the company and point out that it is unfair to hold back the money when you gave the relevant tax forms. Forget about the other things. just talk about this, which they had promised to pay. sometimes hr does things the owners may not approve.
Probably, you should visit the labour office and see if they can help you. Sometimes just a letter or query from them does the trick. Else a notice from a lawyer also does the trick. Again, my suggestion there would be to focus of the 42000 and forget the rest which are contentious.
Please check the form 16 that is given to you. If the 42000 deducted is not included, you can also complain to the tax authorities that they deducted 42000 Tds but not deposited it (you will need the help of some good CA for that)
From India, Mumbai
2. In the overall picture, 3000 is something small, forget it. They will have some details and excuse for it.
3. Any item of purchase for which bills are not available, the company will not reimburse. That is a standard that all companies follow. Finance generally does not lose a bill, so it is possible that you may not have attached it. It's difficult now to prove either way. What I do not understand why it is being deducted. Was it paid as an advance ? Or do you mean that they refused to include it in your f&f ?
4. If you submitted the relevant tax forms, the balance is payable to you and you need to follow up and get it.
However, the question is how you will take this up. You are not covered under payment of wages act or factories act, or even industrial dispute act. A civil case will take a long time and what you spend on your lawyers will be more than the 42000 due to you. You need to speak to the owners of the company and point out that it is unfair to hold back the money when you gave the relevant tax forms. Forget about the other things. just talk about this, which they had promised to pay. sometimes hr does things the owners may not approve.
Probably, you should visit the labour office and see if they can help you. Sometimes just a letter or query from them does the trick. Else a notice from a lawyer also does the trick. Again, my suggestion there would be to focus of the 42000 and forget the rest which are contentious.
Please check the form 16 that is given to you. If the 42000 deducted is not included, you can also complain to the tax authorities that they deducted 42000 Tds but not deposited it (you will need the help of some good CA for that)
From India, Mumbai
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