I need an urgent guidance please.
My Spouse is an architect and was working with a company in Gurgaon Haryana. Due to harassment by reporting boss, he left the organisation within 8months of service i.e. 255 workdays. At the time of the interview, he was selected for Gurgaon location but on the day of joining he was asked to go onsite for 3-4months which later got extended to 7.5months. During this period he was not allowed to take any leaves. The company did not give him any travel allowance nor transfer of location benefits and after 7 months when he asked for a leave, his manager started abusing him and denied to give leave. After continuous follow up, they booked a train ticket for him (as per his entitlement) to travel from Assam to Delhi but they did not give any formally written mail for the approval of leave. As per his leave request, he was on leave for 22days (including holidays and weekly offs) and when he reported back to the office in Gurgaon, he was not offered any job and was left sitting idle in the reception area of the company. He raised a complaint with the HR department but upon seeing no response he decided to resign from the company and look for another job. He resigned on the 3rd day of his joining (post leave) and was willing to serve notice period but after 2 days of his resignation company asked him to not to come to office as his resignation was accepted and he didn't need to come to the office for completion of the remaining 27 days as required by a contract. So he stopped going to the office and started looking for another job.
Even after regular follow ups, company did not clear his dues for almost a year so he sent a legal notice to the company for clearance of dues. Finally, the company replied to his mail as a full and final settlement along with a scanned copy of cheque and a draft of acceptance letter which he was supposed to sign and send to them. The calculation was almost half of what he was actually supposed to get so he asked for a detailed statement of calculation to which they just sent him salary statement (out of 16 days total 13 paydays was considered in the calculation) with an additional column of reimbursable.
Leaves, Notice period, reimbursement details, deductions, allowances as per policy etc was not covered in the settlement. So, he asked for clarification as enclosed in below points followed by the response received from the company.
Que 1: Earned leaves for 255 Days of association with the company
Ans: As per terms and conditions of your employment, EL is admissible on completion of one year service with the company. You voluntarily resigned before completing one year and hence not eligible.
DOUBT: As per Haryana S&A Act section 14, after 20days of work with company one 1EL is allowed so whether company policy super cedes the law?
Que 2: Rs1700/- which was retained from my monthly salary and was supposed to be disbursed after one year
Ans: As per terms of your appointment letter; Retention will be paid on completion of one year; since you have resigned before completion of one year; hence not entitled for retention pay.
DOUBT: Being a permanent employee of the company can an employer hold any such amount from salary without disclosing it in salary slip? Whether it becomes non-claimable even if it is part of CTC? Whether there is any provision for retention money in law?
Que 3: Details of reimbursements given to me under Transfer of location / Travel allowance policy of Voyants
Ans: Already settled/accounted for in your full & final statement as per bills submitted by you.
DOUBT: Can a company deny sharing detailed information? Can a company deny paying travel allowance and DA as per travel policy stating that you were transferred and can simultaneously also deny paying transfer of location benefits?
Que 4. Leave deductions / unpaid leaves statement, as per my July salary slip I was having 10CL and 10SL balance in my account
Ans: You have been given 12 paid leaves as per your entitlement.
DOUBT: Whether a company can change leave entitlements without any notice to the employee at its own discretion and can change approved leaves under unpaid leaves.
Que 5. Payout against Notice period as I was asked to stop serving notice period though I was willingly serving notice period.
Ans: NO REPLY.
DOUBT: In above condition can company deny one month notice period as applicable as per agreement.
Please help, your guidance would really be very helpful in getting our hard earned money.
Thank you in advance for taking time and your kind guidance. 18th August 2018 From India,