For Final Settlement With Company

rambheke
Hi, I resign from my company 2 months back but my organization still not done my final settlement.
They hold my settlement because one of our client got defaulted for payment.So what shall I do, to get my final settlement amount ??
HR Hiral Mehta
Greetings!!
Could you pl mention what was your designation, department & role in the company. How long did you serve the organization? What are you doing since 2 months now. Did you fulfill the company separation policy thoroughly? Was the notice period served?
What has the defaulted client to do with you / relation between you & the client? Why is the company blaming you for the default in payment?
Detailed query would fetch accurate answer.
rambheke
Hi,

I had joined organization on 2008 as Sr. Sales executive and resigned from company after 4yrs in 2012 as Branch Manager for Pune region. I had given 1 months notice, against co. policy of 3months notice period and informed me that they will have going to deducted 2 months salary from my settlement. Now I had joined another company but company hold my settlement by saying the one client to whom we supplying the goods having outstanding since last 6months, the same amount will get deduct from your settlement. As the client is gone defaulted with all the other vendor too, as they had lost their business and closed down the shops. So the company saying ur the branch head for the Pune region so you will be responsible for recovery and so that payment too. But this defaulted party bounces our 4 a/c payee checks and just wipe out from business and after our many follow ups the owner (signing authority) said I am bank corrupted. So company now considering me as liable for payment and deducted same from my settlement.

So please guide me what to do to claim my money, as in my offer letter i found nothing is mentioned that i am liable for any due form client.

Ram
saswatabanerjee
Your appointment letter is for a sales executive post, the post you left was a branch manager
The terms of employment must be different.
What is the job description and other rules in your firm ? Is the branch manager responsible for collection and liable for it ? Is there anything to show you did not follow credit policy or due delligence in giving credit to this party ?
ArulManickam
Arul Manickam, HR& Legal Consultant
Hi
Greetings
The Company cannot cut any amount from your PF (if it is a part of your settlement).In case of other components of settlement they can. However you cannot be held liable for the default of the customer unless any deliberate negligence on your side is proved. Moreover you have said that the cheques given by the customer got bounced. Didn't your company take any legal action against them? If your company had not initiated any legal proceedings against the defaulted customers, the allegations of negligence shifts on your company. Then they cannot blame you on the ground of negligence.. .
HR Hiral Mehta
Hello Ram,
Any association of your company with the client AFTER YOU LEAVING THE ORGANIZATION does not hold you for default. Having said that, you've already left the organization since 2 months now & hence you cannot be considered liable for it. As also mentioned by Arul Manickam the company needs to take steps against the client for default.
Your clarity on the terms & job role with responsibility will seek you correct advise.
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