Umakanthan53
Labour Law & Hr Consultant
Sovik Bhattachaerjee
Md- S.s Enterprise
Nathrao
Insolvency N Gst Professional
+1 Other

I worked in a private company, the company has sent out so many employees at a time. Now I need a solution for my settlement claim.

Hereby I will explain the case the company Hr sent us a mail on 4th of Feb 2015 stating that the company is going to shift from Chennai to some district so last working day in Chennai will be 31st of march 2015. So whoever interested to change the place request to inform hr asap. After that the company ask us to give resignation on 12th Feb 2015, in the resignation letter hr ask us to give notice period till 28th Feb 2015. We gave that too and then all of a sudden the company told us to relive on 23rd Feb 2015.

In that time we had already January month salary pending issues and also we worked till 23 February in that month so they said you will get the Jan salary separately and Feb month with settlement.As they said we received the Jan salary now the settlement calculation they have the calculated the PL and 7 days of February month salary. ( They not mentioned anywhere to relive on 7th Feb 2015 now the MD says who asked them to work I will pay only 7 days salary. so they are asking us the settlement letter to be signed stating that we have no further communication and balance settlement with the company.) Now I need a suggestion that we can do anything against them to get back our salary for the worked days for that what we should do and where we have to take necessary action and by doing this against the management we will face any problem in future companies and they can blacklist us not to join in any company. So kindly advice us to further things.
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Dear Prabhakar,
You ought to have given some other important particulars also such as whether your Company is a factory or an establishment, its business, total no. of employees including the break-up of workmen and others etc.
What I can make out is shifting of HQ from Chennai city to some other place.
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.
Hi,

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.

Regards

Sovik B
Dear Mr. Umakanthan, My company is a developer Pvt Ltd and in around 45 employees in Chennai in that only 10 employees is been sent out. Now I want to know I can take this issue to labour office.
Hi,
Sorry made a typographical error,in earlier post. It would be article 19(1)(g) instead of article 15(1)(g), made by error. Hope Mr Umakanthan would provide some advice to sort out the problem.
Regards
Sovik B
Dear Prabhakar,

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.
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