Struggling with Final Settlement and Delayed Incentives: How Should I Handle This?

Dear Sir,

I, Himanshu, worked at COMPANY. I was confirmed as a permanent employee in the company. Due to medical reasons, I resigned from my services with immediate effect on 9th Dec '14. Resignation with immediate effect requires the employee to pay three months of basic salary. In January '15, COMPANY changed their resignation policy, stating that "Employees resigning with immediate effect will have to pay Gross salary." As mentioned above, I resigned from my services well before this policy change was implemented. Initially, I was asked by the HR department to pay three months' gross salary against my full and final settlement (FNF) with the company. Finally, I have been told that I will be paying my three months' basic salary and not the gross salary. However, this was communicated to me orally. When I cross-checked for the authenticity of this statement with the personnel handling the FNF formalities at the Branch office, I was convinced that the amount to be paid by me has changed from the gross salary amount, previously calculated at approximately Rs. 52,000, to the basic salary amount, which is now Rs. 24,633/-.

I am also entitled to my 2nd Quarter (Apr '14-June '14) incentive, which is above 1 lakh and 10 thousand, but it has not been paid to me yet.

It is important to mention that the incentive should have been paid by COMPANY within nine working days under its revised incentive policy, which came into effect in September '14. So, under this policy change, I should have received my incentive well before the time I resigned from my services; hence, it is delayed by COMPANY.

For my incentive dispersal, I was instructed by the HR department to communicate with my sales head. I spoke to my Sales team head, who initially assured me that I would receive my incentive one week after other eligible sales personnel received theirs, and I would get my incentive in the form of a cheque. Other sales personnel received their incentives on 25th February '15. Thereafter, as committed by the Sales Head, I talked to him, and during that telephonic conversation, he altered his previous statement, stating that under my full and final settlement, I must first pay my three months' salary, and only then, one day after my FNF is completed, he will hand over my incentive cheque. This changed statement is completely opposite to the initial statement, where he said he would first pay me my incentive by cheque, and then I would complete my FNF.

After that, I sent an email to the HR Department, Sales Head, and Hub Head. I received no reply from anyone. Subsequently, I got a call from the Sales Head, and he scolded/threatened me, stating, "Incentive ab le lena phir tu." I kept requesting, explaining that I had not written anything offensive about anyone, but he was very reckless in that situation.

Thereafter, I decided to talk to his coordinator and called him. During that call, I requested that my incentive be given to me before my FNF takes place. He, in line with the Sales Head, told me that first, I must complete my FNF, after which he will personally hand over my incentive cheque to me. I have always been against completing my FNF until I receive my incentive cheque. In subsequent communication with him, he informed me that instead of the Delhi Hub, my FNF will happen at the Branch office, and on the very same day, after getting my FNF cleared at the branch, I will meet him and collect my cheque. In return, it has been decided, as communicated by him, that I will have to pay him Rs. 25,000-30,000, which is unfair. I am in a situation where I have no other option but to give him the decided amount as a bribe. Simultaneously, we mutually agreed that I will issue a PDC (Post Dated Cheque) against my FNF, thereby collecting the incentive cheque from him on the same day. However, I am reluctant to complete my FNF settlement before receiving my incentive cheque, as once I complete my FNF, and if the Sales Coordinator refuses to give me my cheque, it will mean that I, by default, agree and accept that I am clear with COMPANY with no dues, including my incentive amount.

Also, I have all the call recordings between me, the Sales Head, Coordinator, and other recordings of the branch/Hub in support of all the points stated above.

Also, please advise me on how I can withdraw my PF without Full & Final settlement.

Regards,

Dear Sir, I, Himanshu, worked in COMPANY. I was confirmed as a permanent employee in the company. Due to medical reasons, I resigned from my services with immediate effect on 9th Dec '14. Resignation with immediate effect requires the employee to pay three months of basic salary. In January '15, COMPANY changed their resignation policy, stating that "Employees resigning with immediate effect will have to pay Gross salary." As mentioned above, I resigned from my services well before this policy change was implemented. Initially, I was asked by the HR department to pay three months' gross salary against my full and final settlement (FNF) with the company. Finally, I was told that I would be paying three months' basic salary and not three months of gross salary. However, this was communicated to me orally. When I cross-checked the authenticity of this statement with the personnel handling the FNF formalities at the Branch office, I was convinced that the amount to be paid by me had changed from the gross salary amount, which was previously calculated as approximately Rs. 52,000, to the basic salary amount, which is now Rs. 24,633/-.

I am also entitled to my 2nd Quarter (Apr '14-June '14) incentive, which is above 1 lakh and 10 thousand, and it has not been paid to me yet.

It is important to mention that the incentive should have been paid by COMPANY within nine working days under another changed incentive policy, which came into effect in September '14. Therefore, under this policy change, I should have received my incentive well before the time I resigned from my services, hence it is delayed by COMPANY.

For my incentive dispersal, I was instructed by the HR department to communicate with my sales head. Consequently, I spoke to my Sales team head, who initially assured me that I would receive my incentive one week after other sales personnel eligible for incentives received theirs, and I would receive my incentive in the form of a cheque. Other sales personnel received their incentives on 25th February '15. Thereafter, as committed by the Sales Head, I talked to him, and during that telephonic conversation, he changed his previous statement, stating that under my full and final settlement, I must first pay my three months' salary, and only then, one day after my FNF is completed, will he hand over my incentive cheque. This changed statement is completely opposite to the initial statement he shared at the beginning of this FNF episode, where he said he would first pay me my incentive by cheque and then I would complete my FNF.

After that, I sent an email to the HR Department, Sales Head, and Hub Head. I received no response from anyone on this email. Subsequently, I received a call from the Sales Head, and he scolded/threatened me, stating, "Incentive ab le lena phir tu." I kept requesting that I had not written anything offensive about anyone, but he was very reckless in that situation.

Thereafter, I decided to talk to his coordinator and called him. During that call, I also requested that my incentive be given to me before my FNF takes place. He, in line with the Sales Head, told me that I must first complete my FNF, after which he would personally hand over my incentive cheque to me. I have always been against completing my FNF until I receive my incentive cheque. Then, in subsequent communication with him, he stated that instead of the Delhi Hub, my FNF would happen at the Branch office, and on the same day after clearing my FNF at the branch, I would meet him and collect my cheque. In return, it was decided and communicated by him that I would have to pay him Rs. 25,000-30,000, which constitutes unfair means. I am in a situation where I am left with no other option but to give him the decided amount as a bribe. Simultaneously, we mutually agreed that I would issue a PDC (Post Dated Cheque) against my FNF, thereby collecting the incentive cheque from him on the same day. However, I am reluctant to settle my FNF before receiving my incentive cheque, as once I complete my FNF and if the Sales Coordinator refuses to give me my cheque, it would mean that I, by default, agree and accept that I am clear with COMPANY with no dues, including my incentive amount.

Also, I have all the call recordings held between me, the Sales Head, the Coordinator, and other recordings of the branch/Hub in support of all the points stated above.

Please also advise me on how I can withdraw my PF without Full & Final settlement.

Regards, Himanshu