I think that the information you shared about your employment with the organization is not sufficient.
The Fand F Settlement comprises of several heads of payment which are statutory as well as contractual depending on the nature of employment, job-position held and the specific terms of the contract of employment in this regard. In case of refusal or delay at the instance of the employer or any other kind of dispute, remedial measures also differ accordingly. Therefore, answers to the following queries are very pertinent to suggest further action:
In what capacity you served whether as a workman, executive with supervisory responsibilities or as a manager?
What is the source of recruitment - by way of advertisement, through some recruitment agency or by way of direct appointment on your suo moto application ?
Whether you were given any appointment letter in advance or soon after your joining? If so, whether service conditions like period of probation, notice before resignation or payment in in lieu thereof were mentioned therein?
How long you served the organization?
Whether you were enrolled into statutory social security schemes like EPF, ESI?
Your last-drawn monthly salary details with componential break up and the details of the sales incentive scheme and its dues to you under the scheme.
What was the mode of payment of salary and other items like incentive- direct payment in cash or through bank by ECS?
Whether any disciplinary action or recovery of amount was pending against you at the time of your resignation?
Whether you submitted a formal resignation either in writing or by e-mail?
Whether you served the notice period, if any, already mentioned or informed later by the offer letter given to you at the time of your relieving?
Whether you have submitted any written request in this regard so far?
From India, Salem
I didn't receive any offer letter from the company until I send my resignation email on May 2022. I joined the company on 1st May 2019 based on the verbal confirmation from the CEO. I got the offer letter along with my relieving letter while leaving the company. The joining date was mentioned as 1st December 2019. My role was Manager-Presales and Technical support. As per agreement I get 1% sales incentive which came through my effort while billing.(for a PO of 1L I'll get Rs 1000). Normally, the salary and incentive were given in bank account through NEFT. No notice period where mentioned while joining. But after resignation HR forced to serve 3 months notice period. I was badly chasing them for clearing my pending incentives for the last 8 months even after leaving the company. Unfortunately, there is no response. My Boss was having one more company under partnerhsip from where he got fired. There was some agreement between the partners that he cannot recruit anyone from past company to the new company for the next 1 or 2 years. That's why he didn't gave me any offer letter. And mention date of joining as Dec 2019 rather than May 2019. There was no PF,EPF. I have mail communications for all the above statements with HR. The last PO which received for me was costing around 17L. Since the project didn't start, the billing doesn't happen. It started after I left the organisation. Technically they should have mentioned those in my FNF. Purposefully they didn't gave me any FNF letter while I left the organisation. How can I tackle this situation. Please guide.
From India, Ahmedabad
umakanthan53You have to institute a Civil Suit only for recovery as the money due as per your statement is very high.
From India, Salem
Srinivas24I understand your concern,
Let me give few steps to be followed in the instant case...
To begin, you should reconfirm whether the terms of the agreement do in fact contain the incentive that you are contending was not paid out. If the incentive is listed in the agreement, then you should proceed to gather material evidence to substantiate that the sales in question are a direct result of your efforts.
If you are able to gather sufficient evidence to support your claim, the next step would be to have logical reasoning and proof ready to present to a jury if necessary. This could include demonstrating how the incentive was intentionally evaded by the other party.
If all of the above criteria are met, then it may be appropriate to pursue a civil suit for breach of settlement. However, if you are unable to confirm the terms of the agreement, or unable to gather sufficient evidence to support your claim, then it may be best to take this as a lesson and move forward with your career.
Do not go by any verbal confirmation in future, do not accept postdated appointment letter either.
From India, Bangalore
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