amit-goel1
Dear All

Need your advice on refusal of company to process my Full & Final Settlement

I had joined one Edtech company in first week of Feb 2022 and as per the offer letter my probation was for 6 months
Notice period for self resignation during probation period was mentioned as 01 month. However they had also mentioned that they could terminate the service at any time without assigning any reasons or on disciplinary grounds and any other grounds as per the internal policies of the company without any notice or notice pay

The company had also mentioned in the offer letter that "upon termination from service and after the completion of the handover process of all the assets of the company, all the dues including F&F will be initiated as per rules and policy of the company"

Now the company has terminated my service on 30th June without giving any prior notice, and the reason mentioned was non-performance. Last working day mentioned was 30th June.

I have been asking for my F&F settlement for the past 2 months through mails but the company was not replying to my mails. Finally now they have replied that "In termination F&F is not processed"

My question is that can I do something to claim my F&F? The company is a Private Limited Company
Also my salary for the month of June 22 along with my travel bills are due for payment

Please help

Thanks in advance


PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Rkn61
Hr Manager
KK!HR
Management Consultancy

Use factoHR and automate your HR processes

Mobile-first hire to retire HR and Payroll software that automates all HR operations and works as a catalysts for your organisational growth.



KK!HR
1345

The rule that F&F will not apply in case of termination by the employer is not legal and proper. Moreover, you have the right to receive salary for the work done and seek reimbursement of travel bills. Has the organisation given you any notice regarding unsatisfactory performance or this is being revealed after the termination of service.
Since it is informed to you that there is no F&F processing, this is a fit case to take up with the Labour officer of the local area and seek his intervention.

From India, Mumbai
amit-goel1
No the company had not given any prior notice regarding unsatisfactory performance. On the last day of the month i.e., 30th June, I was informed my mail that they have terminated my services with immediate effect and the reason given was non performance
In fact the company has been doing similar activities with other employees also. In most of the case they have asked the employees to resign themselves and in such case the employees have received their F&F. But in my case they never asked me to resign rather they terminated me


rkn61
563

It seems illegal on the part of your company. You may return, whatever company's assets lying in your possession, fully document the same, get acknowledgement from company's representative, and then take up legally against the company. From your post it is gathered that there are other victims. You alongwith such affected persons can take up legally with Labour office requesting Labour officer for his intervention in the matter and resolve the issue.

Company can with hold F&F settlement only if the employee commits some serious offences, but ultimately the amount has to be paid!

From India, Aizawl
amit-goel1
Thanks Mr P Radhakrishnan Nair

I have handed over all company's assets to the company officials and I have the receiving for the same on mail. In my subsequent follow-up mails for F&F, written to HR, I had specifically asked them for any discrepancy due toward me which is resulting in delay of my settlement. Till date I have not received any mail in this regard.

I want to know if the company can withhold my claim legally? If not what are the options available for me. I have already written 4-5 mails to HR for my settlement and some how the HR has acknowledged receipt of my mails


If you are knowledgeable about any fact, resource or experience related to this topic - please add your views.







About Us Advertise Contact Us Testimonials
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2022 CiteHRŽ

All Material Copyright And Trademarks Posted Held By Respective Owners.
Panel Selection For Threads Are Automated - Members Notified Via CiteMailer Server