Saswatabanerjee
Partner - Risk Management
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Sanjeevi3011
Consultant Trainer
+2 Others

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Respected Sir,

Details of the case are as under :

1. Name of Employer : Rentokil Initial - UK based Pest management company.

2. Name of employee : J.S. Gangwar

3. Location of employment : Gurgaon

4. Designation : Assistant Manager - Operations.

5. Date of joining : 19th September 2011

6. Date of resigning : 30 November 2012.

7. Notice period : Total 30 days - served 13 days for rest provided Medical

certificate.

Help needed : Need to send a notice on below mentioned grounds :



1. My full and final settlement amount is 25252 on basis of 13 days salary for rest of notice period i did submit Medical certificate to the regional or reporting office.

2. Company was deducting my INCOME TAX on pro-rata basis, amounting Rs.11801.

3. Company charged me a TAX of Rs. 52536 on the basis of my earned income of Rs. 262680 for the period of 9 months (April - November) DONOT KNOW THE CALCULATIONS FOR THAT.

4. No intimation from employer regarding any clarifications of Income tax for last 1 month.

NEED TO SEND THEM LEGAL NOTIFICATION FOR CLARIFICATION AND SETTLEMENT.

Best Regards,

Jai

Hello Jai,
Based on what you mentioned ["Need to send a notice on below mentioned grounds"], it implies that you are looking for an advocate to IMPLEMENT what you wish to do. Is that reading RIGHT?
OR are you looking for open-minded & impartial suggestions/advice on how to handle the situation [which MAY NOT match your conclusions/decisions]?
Suggest bring some clarity reg this aspect so that the members can respond accordingly.
Rgds,
TS

Dear Tasjeet,
I just need some suggestions as of now but I will also consider an advocate depending on several other factors.
Honestly as of now I am open to free and legal suggestion, which I can expect at this site.
BR,
Jai

Jai,

As a piece of advice to you, please send your queries to the HR head asking for clarification (send it through register post only, keep the receipt with you).

Also ask for the form 16 for the FY 11-12 & FY 12-13, this will help you to understand the tax calculation and full & final settlement slip.

Also you can check on income tax website what amount of TDS submitted to IT Dept under your name (26AS), in case any discrepancy mention the same in the letter. As a normal process the company who deduct the income tax submit TDS amount to IT department on monthly or quarterly basis.

If its the case of your income tax deduction only then you can file the ITR and seek for refund from IT dept which is now days a very simple and easy process.

In case you receive the favorable then matter stands closed, in case no you can further send the note putting your point.

In last action you can file a complaint against the company in labour dept (labour office nearest to company's office), but this should be post all efforts through email or written communication ONLY as that will act as evidence of your efforts.

Lastly my suggestion to you is to keep calm in all interaction with the company as aggressiveness may spoil things further. As legal battle take their own sweet time.

Regards

Rohit

Dear Mr.Jai,
1) Legal notice will not serve your purpose and it may take much more time.(As our friend Mr.Rohit mentioned and it is correct)
2) Kindly approach your local HR/Head HR for clarifications and settlement. Sure they will help you.
3) Regarding IT- our friend already mentioned how to check and claim process.
regards,
Sanjeevi

Dear Sanjeevi,
I agree with your point that its not easy to win a legal battle over an Multi National Organisation, but these people (HR people) are neither bothered of my mails which I have wrote them in abundance nor they do respond to my registered posted mail.
Perhaps that when I landed upon sending them a Notice.
Kindly suggest if there is any other way.
Feel free to help @ 09560233887.
Best Regards,
Jai

Jai,
You did not serve notice period.
You gave some medical certificate, which is most probably fake
At least that is the way the company will look at it.
If not, you would have offered to complete the notice period after the medical condition was resolved.
So do you really expect cooperation from the company ?
Your post is not clear on whether they gave you the full and final settlement.
If they did, thank your stars and keep quiet
If they didn't, forget it. They will not give settlement for someone who didn't complete notice period. Remaining days of notice period will be more than the salary of 13 days you served. So net off, you have to pay them.
Income tax deductions are reflected on your 26AS report. Just check that, consider that in your income tax return as advance tax -/ Tds and proceed with your filing. Reason and computation they have done makes no difference to you anyway
Tell me what is the legal notice going to give you ?

Dear Saswata,
Conceiving is generally not bad habit but doing so for others it is.
To answer your genuinely helping words :
1. Against my medical certificate, genuineness or falseness is a concern of judiciary not of the company to which they can challenge.
2. As far as offering them to re-serve my notice period is concerned, my manager did mail the management about full Handover and takeover as complete, so there is no point of re-serving the notice period.
3. Company doesn't have my PAN CARD details, so how come they can file tax under my name and above all TDS was being collected simultaneously on pro-rata basis from my salary month-by-month mentioned in salary slips. How can you imply TDS twice on the same amount.
If you cannot encourage an employee (based on you prejudicialness) please donot discourage him/her.
A company is run by people not people are run by company.
Best regards,
Jai

Interesting to note that you are only interested in people saying yes to what you want to hear. Well, it does not change the reality. However, since this thread is likely to be read by others, I will clarify.

The company has to do your full and final. If they chose to consider your notice period incomplete, they don't need to go to court. They will take that call. Apparently they have taken it. Have they given you a letter or mail saying that your notice period is served ? Is that person competent to take the call ? As far as I know, it needs to be conformed both by hr and operations. If that not there, then the company mostly considers your notice period incomplete.

You have worked for a year.

That covers 2 financial years

What makes you think they don't have your pan number ?

The company needs to deposit Tds every month and to file quarterly Tds returns. This can't be done unless they have pan number of every employee. How did you get yourmtds certificate last year wothout the pan number ? That is why I said, check your 26AS report, it will show how much Tds has been deposited by your company in your name.

And, oh yes, next time, when you post a message, do state that you only want to hear people comment in your support, irrespective of whether it reflects the truth. It will save you heart burn.


It becomes even more interesting when you need to mention same facts again and again, but the conception of employee being incorrect is not rectified.
Only one liner for you sir,
" How come they have made my full and final settlement letter (mentioned earlier in the thread) untill my notice period is served partially or fully "
They did ask me for my pan-card last year, but because of some Name issues in my PAN CARD i was not able to provide them as the same happened this year. So technically they donot have any details regarding my PAN CARD.
I got a call from a genuine friend over this site ANONYMOUS lending this information, If the company has not provided me with form 16 within 30 days of closing of financial year, then the principal company is liable for some 6 months of punishment.
Can I have your opinion over this w.r.t the point that company doesn't have my PAN details.


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