I was working with company as "Sales Manager" till 2018 & then resigned. Company has issued me Relieving Letter cum Experience Certificate.
Its 2 years now, but till date company has not settled / released my Full & Final Amount; which includes 2 month salary, LTA & Medical Allowances. I have served my notice period and completed all required hand over process.
There were customer payments to be collected at time of my last working date [ which is very obvious as being into Sales Role, at any given point of time, there will be some due or non-due market outstanding ]. Out of these; 2 of the customers, didn't pay till date -- 1 of them, the proprietor died and 2nd customer has confirmed in email that he owes the amount to the company but has not paid till date.
Post continuous followups with the company, HR replied that F&F will be settled once these 2 customers are releasing the payments. Company has not taken any action on these customer to recover this payments till date and neither releasing my settlement amount.
Can company hold my F&F for this ? Do I have option to go legal ?
Company can hold your F&F dues. You performed the job of Sales manager with the company.
Company had sold its products/services to various customers through you and during your tenure
with the company you might have enjoyed the fringe benefits like sales incentive, air travel to a foreign country - (depends on company policy), or good increment etc. But collection of outstanding was also a part of your responsibility. Sales man can do /achieve his sales target through Credit sales. But collection of funds thereby nullifying the outstandings shall form part of sales process.
When fund was collected, then only the sales process is said to be completed. As you failed in
collection of outstanding dues - which belongs to company, they are holding your money.
You may meet the outstanding clients of company and try to make them clear their o/s dues
The very next day company will release your money.
If you opt for legal, then it will be difficult for you.
From India, Aizawl
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