When an employer initiates separation, the full and final settlement is taken care by them.
Infact the employer pays a remuneration for an unduly termination, unless its due to a gross non-adherence or non-performance.
Your employer asking you to pay after terminating , seems highly dubious.
Could you please state the reason for termination and asking for a refund from you ?
A request, please switch your post to the anonymous mode, to take this discussion ahead.
Thankyou once again for sharing your situation with us. Lets brainstorm a solution
From India, Mumbai
Prem GoswamiThe sepration process takes place strictly as per the terms of employment and not at the whims of the employees or employers. You have not exactly mentioned what was the problem with your experience certificate. Assuming it had major discrepancy, the company can ask you to leave. In that case, you do not have a strong case to move labour court.
However, when an organization with high maturity people practices, asks people to leave, such recoveries should not be effected - unless the employee has really created havoc with the business. We would never do that.
From India, Delhi
Thanks for your reply.
Termination was due to Experience letter issue that I could not able to produce.
After termination they send me a termination letter, but in Full and Final email they have mentioned as [As per your resignation.......].,
Now I called them to advise regarding the same , but the HR are not replying me ,, just sent an email to deposit 8000 rupees so that they will clear the F&F.
I asked them to provide me the resignation letter. But they are silent.
Even there settlement is not appropriate as they have added a notice lieu (3000) and travel allownces 5000.
If they will not reply to my email properly and did not pick my call, than how can the same be discussed.
rather Should I lodge a file in Labor court, as they have written in the email that if I am not paying the recovery amount they will initiate legal action.
From United Kingdom, London
gbvarik07I suppose you already got the copy of the full and final settlement and if you feel that the amount which your employer is asking you to pay is not justifiable you can make complaint to the LC and also if you feel that the employer has to pay you.
if you know your work properly, no employer will terminate any employee only cause there is no experience certificate for which if you have given valid reasons.
From India, Bhiwani
When you are mentioning that you can not produce experience letter issue we can not find solution.Even if you take this issue to labour court they will ask you such question and even more question.
From Mauritius, Floréal
As I understand, non-production of experience certificate is the root-cause for your termination and according to you that the management tries to convert it into that of resignation - am I correct? When the alleged resignation was already accepted and acted upon in the year 2011 itself, how the management asks you now to remit the dues towards notice and others? The details furnished by you are incomplete and not clear.
From India, Salem
Manish ShrimaliDear Anonymous,
1) Taking travel advance / allowances - When we need to take travel advance then we need to submit the bills within stipulated time (say within 7 days of travel completion). Mere spending travel advance is not enough to settle it. There will an advance in the books of account which need to be settled and I think that Advance is still there in your name. If possible please submit the bills (if not yet submitted),
2) Termination / Resignation - You have mentioned that you have been terminated (in this case you must be having termination letter) but your employer is treating it as resignation - Requesting you to please go and meet your ex boss and concerned HR Mgr. and produce all documents to settle the issues. Before meeting them you must reply their letter to Hr Dept Cc to your ex boss Attach a copy of termination letter as well (By registered post),
3) Withheld Salary - Please raise demand your 1 month's withheld salary in your above reply. They may adjust your travel adv. with your withheld salary.
4) I think there is a communication gape between you and Hr Dept of Ex employer. Pls meet them discuss all the issues and settle it.
****** I am not an expert of HR related issues. What i mentioned here is based my knowledge
From India, Pune
Please state your location is it United Kingdom or in India.
Even whatever it is, you are failed to prove that you have the experience you showed in your resume. Almost in every appointment letter it is mentioned that your employment is based on your representation and documents submitted by you and if any deviation is found in future you employement shall be liable to be terminated forthwith without any notice.
Please understand that your employement depends upon the averments made by you and if you are not able to prove or support those, your employment may be terminated legally. Without going into the truthness of your experience, when you were not able to support it, the presumption of the fake experience shall go against you and the termination shall hold good.
This is not good, however, on the other hand full and final is your right and when they are holding back your salary they cannot ask you to pay first and then settle the full and final. This is wrong on their part and you can get it enforced. If you are not able to produce the experience and termination due to that is different case and timely full and final is different case. 2011 till date it is too late to process a full and final. They could have adjusted the money due to them and paid you the balance.
Yes you can approach Labour Commissioner/Authorities to get this done. However that is a two edged sword if the balance is in negative you may have to pay the balance in such case. So if you are sure that they owe you the money only then approach Labour Authorities.
Hope this will help you to make your mind.
From India, New Delhi
prachisthiteDear All, I think Experience Certificate is not valid reason for termination
From India, Pune
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