Hi My Dear H.R friends,
I am looking for an advice from you all.
I was working in a private Ltd Delhi based company now I left the job with proper notice to the company with healthy atmosphere with all bosses as per company rule they clear FFS of employee within 45 days it's now more the 60 days and still I am not got my FFS clear even they sent me FFS only Rs 74 which was as per my records it could be minimum 25,000 I write a mail to all my bosses accounts and hr team to complete check all my claims.
after that I got my ledger a/c statement from a/c team they show me that I have just 7000 claims which they can pay to me but as per my claims records my claims could be minimum 18,000. I already sent Xerox of my claims three times to company but they always misplaced some claims or told me they have not got my claims I know the company is not want to clear claims they use employee money to done there official work company was not having given advance to employees.
This company has history not to pay Full Amt of FFS to employee and even hold imp claims.
I am very much sure that they will not clear my claims. Some of my friends those who left the job from same company and having same problem like me and we all want to file legal case against company need your help what step I can take against company.
Which law will help me in this ? will it work ? how much time it takes.
Please advice me
From India, Ahmadabad
I am looking for an advice from you all.
I was working in a private Ltd Delhi based company now I left the job with proper notice to the company with healthy atmosphere with all bosses as per company rule they clear FFS of employee within 45 days it's now more the 60 days and still I am not got my FFS clear even they sent me FFS only Rs 74 which was as per my records it could be minimum 25,000 I write a mail to all my bosses accounts and hr team to complete check all my claims.
after that I got my ledger a/c statement from a/c team they show me that I have just 7000 claims which they can pay to me but as per my claims records my claims could be minimum 18,000. I already sent Xerox of my claims three times to company but they always misplaced some claims or told me they have not got my claims I know the company is not want to clear claims they use employee money to done there official work company was not having given advance to employees.
This company has history not to pay Full Amt of FFS to employee and even hold imp claims.
I am very much sure that they will not clear my claims. Some of my friends those who left the job from same company and having same problem like me and we all want to file legal case against company need your help what step I can take against company.
Which law will help me in this ? will it work ? how much time it takes.
Please advice me
From India, Ahmadabad
If you are sure that your calculation about full and final amount due to you is correct you can proceed with legal action against the company. Your interest will be protected if you fall under the category of workman under the Industrial Disputes Act. An employee who is not a supervisor or manager shall be deemed to be a workman for this purpose. And an employee who has the authority either to approve a leave of his subordinate or to initiate disciplinary action against his subordinate or appraise his subordinate shall be regarded as a supervisory or managerial employee.
If your claim includes Gratuity payable the same will have to be addressed separately. An employer is expected to pay the gratuity amount within 30 days of it becoming due.
Under these circumstances a representation before the Labour Officer will have to be made who will call the employer for a conciliation and if the employer is not turning up or if the employer rejects the demands, the Labour Officer will refer the case to Labour Court. Remember that this opportunity is available only to a workman and not to a manager who may have to prefer a civil suit for the recovery of the amount.
Regards,
Madhu.T.K
From India, Kannur
4193If your claim includes Gratuity payable the same will have to be addressed separately. An employer is expected to pay the gratuity amount within 30 days of it becoming due.
Under these circumstances a representation before the Labour Officer will have to be made who will call the employer for a conciliation and if the employer is not turning up or if the employer rejects the demands, the Labour Officer will refer the case to Labour Court. Remember that this opportunity is available only to a workman and not to a manager who may have to prefer a civil suit for the recovery of the amount.
Regards,
Madhu.T.K
From India, Kannur
Thanks Madhu Sir
just another advice needed.
i m coming under managerial category and asking for my official claims and insentive from them which they ignoreing now.
In this time period i got another FFS of 11999 in which my 8400 is deducted becouse i have not serve 30 day notice to them.
reasion why i serve 7 day notice to them b'use i was handling a project that was ended one month before my resignation and before i send my resigne i ask to managment that can i give 7 days notice to them since i have not any project and i was sitting without any work verbly they confirm and not told me anything after sending my resignation and accepted at a time. but now they are not agree on tht.
Can i claim mental haresment for delaying my FFS and charge per day intrest as per any law from them .
is it advisble to do so.
From India, Ahmadabad
just another advice needed.
i m coming under managerial category and asking for my official claims and insentive from them which they ignoreing now.
In this time period i got another FFS of 11999 in which my 8400 is deducted becouse i have not serve 30 day notice to them.
reasion why i serve 7 day notice to them b'use i was handling a project that was ended one month before my resignation and before i send my resigne i ask to managment that can i give 7 days notice to them since i have not any project and i was sitting without any work verbly they confirm and not told me anything after sending my resignation and accepted at a time. but now they are not agree on tht.
Can i claim mental haresment for delaying my FFS and charge per day intrest as per any law from them .
is it advisble to do so.
From India, Ahmadabad
Well, the management has made an F&F. Then why should you take legal action for Rs 8400? If you go for litigation it will take away your good time and peace of mind. Therefore, it is advisable to leave it by sending a letter to the management that the action of the management was not fair but you are accepting it since you are not interested to prolong the matter.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
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