Thread Started by #ermukesh009

HI Seniors,

One of my friend, joined a company few months back.he worked with that company for about two and half months.During his tenure with that company, he did not get any offer or appointment letter.Even he only got the letter of intent at the time of interview (as offer). and it does not have any notice period clause or any salary or package mentioned on it. The HR offered him 10,500 Rs but when he got he salary for first month, that was according to 9200 Rs, as there was no salary mentioned on the letter.He was not happy with this.So he disputed that amt with the management and finally management agreed that he was offered 10,500 Rs because the HR has noted the amt offered on the CV of the candidate.(It is their policy that they never issue appointment letter to any candidate before completion of one month and they don't mention salary of the candidate on letter of intent.They mention the salary offered to candidate on the CV only for their reference only in rough format.) But he did not get the disputed amt even in the second month's salary as promised by management and HR.So he daily started raising the issue with management. Finally management agreed and paid him the disputed amt in the middle of third month.But as soon as he got his disputed amt from the management he resigned from the company.but they were not accepting his resignation. so he resigned officially on manager, Hr and TL's official email id. he did not even serve the notice period as he was not liable to serve the notice period because there was no clause of notice period on the letter of intent.Apart from that letter, he has not signed on any of the letter. He asked the HR so many times for offer/appointment letter.But he did not get the appointment letter.

But when the 45 days of the resignation, when he called the HR for the salary of 13 days for that month, she started making excuses (like accountant is not here, it's end of month. you will get F&F tomorrow). The date which she gives him after that she avoids picking his call.He felt harassed by the company. Finally he called his manager about salary of those days, then he told him even he might have to pay(basic salary) the company as did not serve the notice period. So he is in a dilemma and tension.

So respected seniors, my query to all of you is whether he is eligible for the salary of those days or not?

And if he applies for F&F, does he has to make the payment(basic salary) back to company as he did not serve the notice period?

Your early response will be highly appreciated and it might help him receiving the salary of those days from the company.

Thanks & regards,

Mukesh
18th June 2012 From India, Shimla
HI Seniors,

One of my friend, joined a company few months back.he worked with that company for about two and half months.During his tenure with that company, he did not get any offer or appointment letter.Even he only got the letter of intent at the time of interview (as offer). and it does not have any notice period clause or any salary or package mentioned on it. The HR offered him 10,500 Rs but when he got he salary for first month, that was according to 9200 Rs, as there was no salary mentioned on the letter.He was not happy with this.So he disputed that amt with the management and finally management agreed that he was offered 10,500 Rs because the HR has noted the amt offered on the CV of the candidate.(It is their policy that they never issue appointment letter to any candidate before completion of one month and they don't mention salary of the candidate on letter of intent.They mention the salary offered to candidate on the CV only for their reference only in rough format.) But he did not get the disputed amt even in the second month's salary as promised by management and HR.So he daily started raising the issue with management. Finally management agreed and paid him the disputed amt in the middle of third month.But as soon as he got his disputed amt from the management he resigned from the company.but they were not accepting his resignation. so he resigned officially on manager, Hr and TL's official email id. he did not even serve the notice period as he was not liable to serve the notice period because there was no clause of notice period on the letter of intent.Apart from that letter, he has not signed on any of the letter. He asked the HR so many times for offer/appointment letter.But he did not get the appointment letter.

But when the 45 days of the resignation, when he called the HR for the salary of 13 days for that month, she started making excuses (like accountant is not here, it's end of month. you will get F&F tomorrow). The date which she gives him after that she avoids picking his call.He felt harassed by the company. Finally he called his manager about salary of those days, then he told him even he might have to pay(basic salary) the company as did not serve the notice period. So he is in a dilemma and tension.

So respected seniors, my query to all of you is whether he is eligible for the salary of those days or not?

And if he applies for F&F, does he has to make the payment(basic salary) back to company as he did not serve the notice period?

Your early response will be highly appreciated and it might help him receiving the salary of those days from the company.

Thanks & regards,

Mukesh
18th June 2012 From India, Shimla
Dear Murukesh
Before that just clarify one thing Is your friend is working in an export in chennai. on reading this i felt the same way how i cheated by a organaisation in 2007 by not issuing My one month salary. I have no proof of working there. I just worked only one month there and the MD promised me 15000/-. Simple thing in case if they are in to garment export simply drop a mail to Buyers. rest they will take care. This is what i did but as haven't received any letter of offer or pay slip i am in a unable to prove my tenure over there
19th June 2012 From India, Bangalore
Hi,
Thank you for your response and advise.To clarify he was working in a BPO in gurgaon.As a proof he has I-card of that organization and he also received salary(10,500) of second month through online money transfer in his salary account from that company.What should he do in this senario?
Respected seniors, my query to all of you is whether he is eligible for the salary of those days or not?
And if he applies for F&F, does he has to make the payment(basic salary) back to company as he did not serve the notice period?
Your early response will be highly appreciated and it might help him receiving the salary of those days from the company.
Please Reply............................................. ........................
Thanks & regards,
Mukesh
19th June 2012 From India, Shimla
Dear Mukesh,
Good Morning,
Salary is legal right of any employee. If the organization had not issued any appointment letter or confirmation letter, in which the notice period clause is mentioned. They can't force your friend to serve any notice period. If the organization refuse to pay Full & Final Settlement which include Earned Leaves (2.5), Bonus (Two months & Thirteen Days) and Salary of pending days. Then your friend should simply lodge a complaint with local Asst. Labour Comissioner. The ALC will send the notice to the company. He should take the help of govt. authorities available for employee's rights.
Thanks & Regards,
Vikas Sharma
Asst. Manager - HR
20th June 2012 From India, Gurgaon
I think your friend should just forget about the 13 days of salary as he is not going to get it.
All he will do is waste time and distract himself from his new job or whatever else he is doing.
2.5 months work in any organisation missing from his CV also rarely causes a problem, so that is not a significant matter. On being asked he should say that he left after 2.5 months as they were not paying the promised salary.
Its better if he does not refer to this work period as any reference to the company by new employer will only give a bad remark from HR or concerned Manager.
20th June 2012 From India, Mumbai
Dear Vikas and Saswatabanergee,
Thank you for your response and precious time.
My friend is already working with some other very good organization and infact after leaving them he got good opportunity and good package. But point is he doesn't want to leave the salary of those 13 days at any cost which he served to that organization.Because they never respect any of the employee's feelings and emotions. Before taking any action he wants to make sure whether whether he is eligible for the salary of those days or not?
And if he applies for F&F, does he has to make the payment(basic salary) back to company as he did not serve the notice period?
Therefore I am seeking help from seniors and HR professionals to guide me on this matter.
So respected Seniors, Please help my friend by sharing your opinion and knowledge.
Thanks & regards,
Mukesh
20th June 2012 From India, Shimla
Mukesh,
Ask your friend if 13 days salary is worth losing his current job.
If the answer is yes, then go ahead, complain to labour office, send legal notice, etc
Cause his attention will be distracted from work, plus he will need to take repeated leave from work to attend hearing, etc, pay for lawyers fees. For all you know the previous company may send a notice or letter to the new one. I am quiet sure his existing employers will not like that.
20th June 2012 From India, Mumbai
Can any one help me,

My Name : Amitkumar Shami

Employer : Chaitanya Chemicals (Partnership Firm)

Location : Malkapur-443101, Dist. Buldana, Maharashtra

Designation : Asst. Manager

Period : 2nd June, 2008 to 13th May, 2012

As stated above I worked with above mentioned organization for more than 3 years, due to some personal reasons I have resigned from my job by procedure (i.e. One month notice period duly acknowledge by CEO) till date its 24th June, 2012 thay have not done my Full & Final settlement.

I have furnished my One month notice prior resignation on 13th April, 2012 and got accepted by CEO of the company mentioning that clear my all the dues upto 12th May, 2012. By procedure I have cleared my all dues upto 12th May, 2012. And relieved on the 12th May, 2012 they assured me that “ your salary for the month of May (upto 12th May, 2012) we will pay as usual in next month also we will clear your balance EL, Bonus & PF claim as well”, but till date they have not made my full and final settlement. I am having all the legal documents as follows :

1. Copy of Resignation Letter duly signed.

2. Relieving Letter duly signed by signed.

3. Experience Certificate duly signed by signed.

4. Copy of no dues certificate duly signed by signed.

5. Copy of Data, Assets handover certificate duly signed by signed.

6. Appointment Letter duly signed by signed.

7. Promotion Letter duly signed by signed.

Till date I have communicated with the management regarding the F&F settlement so many times by Email and verbally but they are not giving me any response. One of the partner have given reply that they will take the legal action against me as I have played mischief with the data or erased the data from computer, if such thing happened how they relieved me from my services.

Dear sir please suggest me the legal way to get release my all the payment from employer (i.e. Balance Salary, Encashment of EL, Bonus and My PF)

Waiting for your favorable reply.
24th June 2012 From India, Aurangabad
If you have been involved in some Thing like deleting data or harming the firm then they will not pay your f&f. They can show the cost of damage as due from you and that definitely will be higher than your salary
Of you have not done it, you better go immediately and meet the partner to explain and clarify that you have not done such a thing and tell them where the data is stored. Such acccusation made to your current employer can jeopardize your job
25th June 2012 From India, Mumbai
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