Dear Sir/Madam,

My name is Bijal Shah and I used to work for a call center earlier. I resigned from my services without giving 2months of notice. Below are few questions that I need clarification on:-

1) The co. has sent me F&f letter within 30days of my resognation

a) they have calculated the amount recoverable on Gross salary. what I would like to know is, is the notice recovered on basic or gross?

when I had asked this question in my exit interview they did not say anything and said that when I receive the f&f letter it would say gross or net or basic.

I have read the letter of appointment and it days :- your payment in lieu will be at the sole discretion of the company.

b) They have asked me to pay the amount within 7calendar days from receipt of the letter or else 12% interest p.a will be charged.

c) the hr themselves are not aware of the policies n procedures as mentioned above.

Can i dispute the amount and not pay the amount till clarification is received.

From India, Mumbai
Dear Bijal,
this is critical situation as when anyone joined the new company he has to read the rules of the company written in the appointment letter which is almost binding effect.
secondly when co. has its own standing orders relating to disciplinary rules then it has no challenge.
Now about ur query, u said that ur appointment letter content that ur payment in lieu will be at the sole discretion of the co. and it is accepted by u while joinning the duties. so, u v to keep quite on the subject.
so far the salary is concern payment in lieu of notice shall be on gross and not basic pay as the sentence is self explanatory as it does not say basic pay.
However u can talk to the company in this context not to recover notice pay and in what situation u v left the services. they can hear u and result shall be in ur favour.

From India, Kolhapur
Dear Kiran,

I spoke with 2 colleagues of mine who left the organisation in August and December of 2011. The one who left in August has not received F&F letter and the 2nd one did. Both of them left the co. with giving a days notice and had to pay 59days for recovery.

They received the F&F on their basic and not gross the way I have been charged. The co. policy had changed in 2011 that the notice period would be 2months from 1. I am unable to understand why they have been charged on basic and me on gross? Can I dispute this?

When I spoke to HRSC (HR support team) they said that I need to send an e-mail to x id as they cannot support and they would call me back. It has been over 3days and have not received a response, hence I have sent them another e-mail stating that I am disputing the settlement amount and as there is a delay from their end I should not be charged Interest.

Further would even like to know if I take time to clear the settlement amount can they block by PF and not release it?

How can I further dispute this with the organisation?

Please advise.

Thanks and Regards,

Bijal Shah

From India, Mumbai
Dear Bijal,
u can raise dispute before govt.labour authorities of ur state. secondly so far PF is concern they can not stop ur PF as u can transfer the same by filling F/13 in new organisation where u r going to join and no need to have signatures of previous employer. In the event u shall not join any company even then ur pre employer can not stop PF AS u can fill up the F/19 and submit it directly to the PF regional office alongwith ur explanation mentioning real story.

From India, Kolhapur
Dear Kiran,

Sorry for all the trouble, my colleagues shared wrong information with me. I checked their settlement letters today and they have been charged on gross sal, guess its a loss for me.

The major concern is that

1) I had left the organisation because of my immediate manager

2) After I resigned giving the feedback she took a skip meet with the team and all shares the same feedback with the HR that I gave.

3) They did not respond to my earlier e-mail hence I called the HR support team today and they repliex to the.e-mail statinv that the settlement will be on gross.

4) The new organisation was supposed to pay my settlement and said that the recovery is always on net hence they can only pay 2months basic and hra which leaves me paying more than 35k that I cannot afford.

My father is disabled and he is at home. My family runs on my earnings and I even have a home loan to pay.

I cannot afford to pay so much. Further the co. is well aware of my father n my house condition still not ready to help.

Now is there an alternate option?

Thanks at least a sigh of relief that they cannot stop my pf money and I can claim it as well.

Please advise.

Thanks & Regards,

Bijal Shah

From India, Mumbai
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