Dear All,
My brother was working in a small private company with 90+ employees as Manager/Supervisor and has resigned now.
The company has transferred certain amount to his bank account and is refusing to provide the Full & Final settlement computation details.
My brother insisted on this document as he is unable to know what is transferred as settlement amount is correct or not.
When my brother asked for Separation policy nor Separation process, Company replied - Since ours is a small company, we neither have Separation policy nor Separation process nor any such defining documents. Whatever we decide case to case basis is our final decision.
The Company has replied as follows:
(a) Under which Indian Law or Act, the Company is COMPELLED to provide F&F Document?
(b) Under which Indian Law or Act, the Company has to follow certain Norms or Methods, to prepare F&F Document?
(c) Since you are in Managerial role, there is no Law or Act, which can COMPEL the Company to provide F&F Document?
(d) So, whether you were working/present in office for all 27 working days in a moth or not, does not matter. It is Company's prerogative to pay you for 15 days as 'settlement". Take that and go away. You cant question us, nor can you challenge us per law.
IS THIS TRUE? CAN SOME EXPERT THROW SOME LIGHT ON THIS?
ARE THERE ANY LAW/ACT, WHICH GOVERNS FULL & FINAL SETTLEMENT FOR PEOPLE IN MANAGERIAL ROLE?
IF THIS IS TRUE, THEN HOW DANGEROUS AND HELPLESS THE RESIGNED EMPLOYEE BECOMES.
From India, Bangalore
2My brother was working in a small private company with 90+ employees as Manager/Supervisor and has resigned now.
The company has transferred certain amount to his bank account and is refusing to provide the Full & Final settlement computation details.
My brother insisted on this document as he is unable to know what is transferred as settlement amount is correct or not.
When my brother asked for Separation policy nor Separation process, Company replied - Since ours is a small company, we neither have Separation policy nor Separation process nor any such defining documents. Whatever we decide case to case basis is our final decision.
The Company has replied as follows:
(a) Under which Indian Law or Act, the Company is COMPELLED to provide F&F Document?
(b) Under which Indian Law or Act, the Company has to follow certain Norms or Methods, to prepare F&F Document?
(c) Since you are in Managerial role, there is no Law or Act, which can COMPEL the Company to provide F&F Document?
(d) So, whether you were working/present in office for all 27 working days in a moth or not, does not matter. It is Company's prerogative to pay you for 15 days as 'settlement". Take that and go away. You cant question us, nor can you challenge us per law.
IS THIS TRUE? CAN SOME EXPERT THROW SOME LIGHT ON THIS?
ARE THERE ANY LAW/ACT, WHICH GOVERNS FULL & FINAL SETTLEMENT FOR PEOPLE IN MANAGERIAL ROLE?
IF THIS IS TRUE, THEN HOW DANGEROUS AND HELPLESS THE RESIGNED EMPLOYEE BECOMES.
From India, Bangalore
Please share more about the Brother job, responsibilities, work nature & Company Details
From India, Pune
From India, Pune
(1) He has worked as Chief Manager - Operations reporting to the MD. His responsibility was to manage day-to-day operations of business, employees/teams and carry out day-to-day instructions given by MD. He was a kind of number two to MD. This is b'oc, MD had circulated an email to all employees to report to my brother and approach him for any official issues.
(2) The only problem that my brother faced was, every day, MD will change the instructions given. What he say in the morning changes in evening and what he says in evening changes in morning. This was creating confusions, frictions, stress and hindering his work on hand and progress. He has discussed this problem couple of time at home with us.
(3) This Company is a small private limited company, there are 90+ employees. I was told, MD always maintains employee count under 99 and few 4/5 people were on contract. There are 95% Women Staff and 5% Male Staff.
(4) This Company is into BPO/KPO services in the space of IT & ITeS sector.
From India, Bangalore
(2) The only problem that my brother faced was, every day, MD will change the instructions given. What he say in the morning changes in evening and what he says in evening changes in morning. This was creating confusions, frictions, stress and hindering his work on hand and progress. He has discussed this problem couple of time at home with us.
(3) This Company is a small private limited company, there are 90+ employees. I was told, MD always maintains employee count under 99 and few 4/5 people were on contract. There are 95% Women Staff and 5% Male Staff.
(4) This Company is into BPO/KPO services in the space of IT & ITeS sector.
From India, Bangalore
Details of F&F must be given. The problem is due to his designation he can't seek legal remedy. If there is discrepancy that your brother sees, he should write in details what he should have got. Lest he may file civil suit for recovery of additional amount.
From India, Mumbai
From India, Mumbai
Dear krishna,
Your brother was Employed as "Manager" in a company Employing about 90 Employees & submitted his resignation.Whether Resignation has been accepted & he has been relieved from the Service Officially? Whether Employee has Handed over Charge.Further, you have not furnished Date of Joining & Date of leaving? you have mentioned that certain Amount has been Transferred to Employee Account.Are there any legal dues to the Employee?
It is surprising that inspite of being Employed as "Chief Manager" your brother is not able to work out Amount due to him? it appears your grievance pertains to non Receipt of "Full & Final Settlement Statement" Please furnish details about Company, Nature of activity, Location
From India, New Delhi
Your brother was Employed as "Manager" in a company Employing about 90 Employees & submitted his resignation.Whether Resignation has been accepted & he has been relieved from the Service Officially? Whether Employee has Handed over Charge.Further, you have not furnished Date of Joining & Date of leaving? you have mentioned that certain Amount has been Transferred to Employee Account.Are there any legal dues to the Employee?
It is surprising that inspite of being Employed as "Chief Manager" your brother is not able to work out Amount due to him? it appears your grievance pertains to non Receipt of "Full & Final Settlement Statement" Please furnish details about Company, Nature of activity, Location
From India, New Delhi
1. He was the permanent employee from day one. No probation for him per his contract.
2. Yes, submitted resignation on March 30th. Resignation accepted and Relieved on same day.
3. Notice period waved off. Although my brother was willing to serve, MD said he has waved off.
3. There was no gratuity and PF is what was told to me
4. Yes, only after satisfactory handing over for 4 hours, he was provided with relieving letter, 30th date mentioned
5. first month - February salary was paid properly
6. second month March salary, MD said it will be paid on April 7th as part of full and final settlement
7. He has availed 2 days Sick Leave in 2 months
8. On April 18th, certain amount was transferred which amounts to appx 20 days of his salary
9. Repeated request for clarity on the deductions has gone unanswered from that company
10. Full & Final settlement computation is also not being provided for clarity sake
It is not that he did not know to work out the separation, he comes with 20+ years of work experience and in his previous stint, he has served very long periods like 8 years, 5 years and 7 years respectively - before joining here as Chief manager. Unfortunately exactly 2 months he had to quit. No where else he has faced this problem.
But you know when two individuals disagree & a kind of difference of opinion crops up, these kind of strange situations gets created. Since this is a small private company with 90+ people, there seams to be no separate HR department and MD himself is handling the subject. Unfortunately disagreement is with the MD himself.
From India, Bangalore
2. Yes, submitted resignation on March 30th. Resignation accepted and Relieved on same day.
3. Notice period waved off. Although my brother was willing to serve, MD said he has waved off.
3. There was no gratuity and PF is what was told to me
4. Yes, only after satisfactory handing over for 4 hours, he was provided with relieving letter, 30th date mentioned
5. first month - February salary was paid properly
6. second month March salary, MD said it will be paid on April 7th as part of full and final settlement
7. He has availed 2 days Sick Leave in 2 months
8. On April 18th, certain amount was transferred which amounts to appx 20 days of his salary
9. Repeated request for clarity on the deductions has gone unanswered from that company
10. Full & Final settlement computation is also not being provided for clarity sake
It is not that he did not know to work out the separation, he comes with 20+ years of work experience and in his previous stint, he has served very long periods like 8 years, 5 years and 7 years respectively - before joining here as Chief manager. Unfortunately exactly 2 months he had to quit. No where else he has faced this problem.
But you know when two individuals disagree & a kind of difference of opinion crops up, these kind of strange situations gets created. Since this is a small private company with 90+ people, there seams to be no separate HR department and MD himself is handling the subject. Unfortunately disagreement is with the MD himself.
From India, Bangalore
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Full n final settlement.doc