Anonymous
Dear All,
I have left a company on March'2017 and worked 15 days in that month. When requested for the FnF the Company holds the amout due to some unrecoved amount in the market which was billed in my tenure.
My question is whether any company can hold the full and final settlement of an employee for this reason ?
What I can do in this regard ?
I have not completed 1 year in that company, can I claim bonus for the period I have worked?
Thanks in advance.
Regards,


Anonymous
14

Dear Somesh,
From your post it is appearing 2 me that you had left the job without following the separation formalities like resignations, no dues etc. If u had gone through this it will be settled on that time itself. After passing nearly 7 months u r trying 2 get your pay & bonus.
For 15 days salary and bonus write a letter to authorised person of your company with all details for demanding your salary and bonus through registered post and mark a copy to local labour officer.
This is one of the few ways of getting back your SALARY & BONUS.

From India, Mumbai
somesh.bh
Dear,
Well, I didn't followed the formalities. I submitted resignation via. e-mail on 29th March 2017, my last workng day was 15th. Now:-
1. Can company hold my settlement due to outstandings of my tenure?
2.I have worked 11 months 15 days in the company, am I entiled for bonus?
Regards,


LGR
2

Dear Somesh,
Ethically no company has right to hold full and final settlement, salary has to be paid for the period served by the employee but also refer the clauses in regard to notice period to be served, notice period recovery if not served, separation terms and conditions in your appointment letter.
Bonus: if you are referring to statutory bonus in your post and if you are eligible as per bonus act.. if your basic (ref. act for definition) is less than 21000 and served at least 30 days in a given FY.
you are liable to receive the statutory bonus within 8 months following the completion of financial year on pro rata basis.
Warm Regards
LGR

From India
somesh.bh
Thanks for the advices. The offer letter waives the possibility to get reimbursed since no notice was given.
Again since one year is not completed company disagrees to pay the same.
However they hold the sum due to some old outstanding in my tenure.
Can I appeal to Labour/Consumer Court ?


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