In such shiftings some employees who are well settled in Chennai-schools,wife employment and so on would not like to shift and be happy with leaving after taking FNF settlement.
here the company seems to have shifted stance and wants to get away with lesser payments.This may be affecting a wider class of staff-managers to workers.The labour officer of the area has a role in such cases where company is trying to save costs by devious methods.Adjusting working days against PL is cost saving in wrong manner.
Poster has to give details as asked by our learned member Umakanthan for correct advice.
6th May 2015 From India, Pune
First I would like to say, forget about blacklisting. I have my self filed a litigation against Union of India , via Ministry of Labor & Employment, Labour Commission, in fact I will also take advice from Mr Umakanthan, & in private respondents list 2 of my ex-employers are there, nature is Mandamus & Certiorari under article 226 of constitution of India. Thus forget about blacklisting. Employers do an emotional blackmail of black-listing, legally there is no concept of blacklisting, I have never seen companies to do blacklisting, yes the said company may not hire you in future but this doesn't mean no company will hire you. If there is such concept, considering it is present only in Chennai (I have also worked in Chennai, at DLF Guindy & Velachery) , for which I don't have any idea, then too concept of black-listing is violating article 15(1)(g) of the constitution of India. It means your company or any institution is violating fundamental rights guaranteed under article 15(1)(g) of the constitution of India.
Still now, I have very good relations with my ex-employers. Filing litigation or complain doesn't mean, end of relations with ex-employers or you are doing some kind of crime. Differences in views may take place. And trust, me, my ex-employers are Global brands.
What I need to know whether your claim is legally valid or not? for that I need following information:
1. Do you have any documentary evidence, which state that HR asked you to serve notice period up to Feb 28,2015?
2. On letter of resignation, what is Last date of employment (LDE) is made? Or you filed resignation via software (HR related)?
3. What is your LDE in Relieving letter?
4. Do you have any evidence, that your MD said, they will pay only 7days salary?
5. How many employees are there, who resigned? Are they too having same grievance ?
6. Have you signed any documents, where it is written that you agreed for 7days salary of Feb?
7. What is the reason of leaving the company, in relieving letter , resignation letter? Do you have copy of the same?
8. Do you have any evidence, stating that you worked for more then 7days in Feb?
Buddy, there is nothing to fear. All problem have solutions. You just provide the answers, hope I would be able to help you.
7th May 2015 From India, Mumbai
As I am given to understand from your posts that your Company is changing its operations from Chennai to some other place and because of this change, out of the 45 employees on the rolls of the Company, only 10 employees who are unable to shift were asked to resign their jobs by submitting their resignation on Feb12,2015 seeking a notice period up to Feb28,2015 but they were suddenly relieved on Feb23,2015 itself before the expiry of the notice period. Regarding their salary, they were paid upto the month of January2015 only and the salary for the days actually worked in Feb 2015 i.e from 01-02-15 to 23-02-15 is pending. Now, disowning the HR's version of asking to submit resignation letters with a notice period upto 28-02-15 and the fact of their working till their relief on 23-02-15 as well, the management says that they would be paid only upto 07-02-15 that too along with the full and final settlement only. What I 've thus understood is correct, all these 10 people have got an issue to be legally agitated in so for as the moneys due to them are concerned. But you should have sufficient corroborative evidence to substantiate your claim as suggested by Mr.Sovik.
8th May 2015 From India, Salem