Dinesh Divekar
Business Mentor, Consultant And Trainer

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Dear All,
Please guide me in the given actual scenario.
I have resigned and after completing full 3 months notice I moved ahead.
I got the leave encashment, Gratuity, and the last month salary but the organization has not yet given the relieving / Experience letter.
moreover, the organization has not yet paid my incentive on collection for which I am eligible as per an e-mail sent to me by HR head.
there are more than 5 months but they are not responding kindly suggest the available remedies to get my legitimate due and the relieving letter.
I would appreciate if someone sites some repercussion as per law against such default.
Thanks in anticipation
BR

Dear BR,
What was the nature of your job? What was your designation? How many persons reported to you? We need to know this information to assess whether you come under the provisions of Industrial Act, 1947.
Secondly, when you submitted claims on incentives, did you obtain acknowledgement? What proof do you have to show that your former company owes dues to you? When you sent the email reminders to HR Head, did you get the reply? What is his take in the delay?
Please provide the above information.
Thanks,
Dinesh Divekar

Dear Sir,
I am much obliged to see your prompt response and your kindness.
Please find the below-related detail
I am a Chartered Accountant and had been serving the organization As AVP- Accounts.
there were 3 accounts person reporting to me though they were on different companies payroll.
regarding the incentive, I was told by email that since I was involved in a special task pertaining to a collection from a debtor there would be an incentive, please find the attached scan copy of the mail.
Passively I claimed my incentive on 19th December 2017 as this scheme was for the calendar year only and then at the time of leaving and so on as follow-ups
Further, I got a reply from the Director that the all amount has not been yet collected so I have to wait and I have replied that I am asking incentive only on the amount which has been collected. After this rejoinder, there is no replay and they are avoiding my calls and emails, please find the second attachment of their revert and my rejoinder on the incentive.
BR


Attached Files
File Type: pdf copy of Incentive mail and acknow of F&F letter (1).pdf (522.8 KB, 253 views)
File Type: pdf Reply on incentive mail and my rejoinder.pdf (136.2 KB, 107 views)

Dear BR,
Since you were AVP, you were in Executive position and provisions of I. D. Act, 1947 were not applicable to you. Therefore, the only remedy available is to file a civil suit.
Considering the long drawn process of the litigation, the another option could be approaching your former employers personally and telling them that you are ready to waive of some 10-20% of the dues.
All the best!
Dinesh Divekar

Dear Divekar Jee,
With due respect to you and to your chair, As regard your submission to BR, Since you were AVP, you were in Executive position and provisions of I. D. Act, 1947 were not applicable to you.
My humble submission to you, AVP designation is not the sole criteria to decide the I.D. Act is applicable or not.
Regards,

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