Dear All,
Here is a predicament for you to suggest a way out. A friend of mine was engaged by a corporate house that owned a chain of schools in May 2010. After serving until June 2011, he was asked (on the phone) to leave, and he departed after settling all dues with the replacement. However, his salary for the month of June was not paid. Additionally, the company did not deposit his PF into his account after March 2011, despite deducting the amount from his salary each month.
Subsequently, when he inquired about his Full and Final settlement, he was asked to wait due to the office being relocated. After delaying for 2-3 months, they informed him that a computer was missing, and a deduction would be made, but nothing materialized. Please advise on the following:
a. How to obtain the Full and Final settlement (numerous emails sent).
b. How to recover the PF amount deducted for three months.
c. How to receive the notice period salary (as mentioned in the appointment letter).
d. Does the RTI (Right to Information) process work in corporations?
Regards,
Dalbir
From India, New Delhi
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Here is a predicament for you to suggest a way out. A friend of mine was engaged by a corporate house that owned a chain of schools in May 2010. After serving until June 2011, he was asked (on the phone) to leave, and he departed after settling all dues with the replacement. However, his salary for the month of June was not paid. Additionally, the company did not deposit his PF into his account after March 2011, despite deducting the amount from his salary each month.
Subsequently, when he inquired about his Full and Final settlement, he was asked to wait due to the office being relocated. After delaying for 2-3 months, they informed him that a computer was missing, and a deduction would be made, but nothing materialized. Please advise on the following:
a. How to obtain the Full and Final settlement (numerous emails sent).
b. How to recover the PF amount deducted for three months.
c. How to receive the notice period salary (as mentioned in the appointment letter).
d. Does the RTI (Right to Information) process work in corporations?
Regards,
Dalbir
From India, New Delhi
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Please let me know whether your friend has received a salary from April 2011 till June 2011. If deductions have been made from his salary for the above period, then you need to register a complaint with the PF office in your region to initiate proceedings against the employer for not depositing the PF contribution deducted from the salary. The PF office will recover the amount, and then he can withdraw it.
Notice Period and Termination
Is it mentioned in his appointment letter about a 1-month notice pay by either party? Also, the termination of his service over the phone is illegal, and your friend has made a grave mistake by leaving the job without any formal documentation. If he is interested in his job, he may approach the labor court under the provisions of the Industrial Dispute Act for reinstatement with continuity of service and back wages on the grounds of illegal termination.
RTI is not applicable to the private sector.
Regards.
From India, Pune
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65Notice Period and Termination
Is it mentioned in his appointment letter about a 1-month notice pay by either party? Also, the termination of his service over the phone is illegal, and your friend has made a grave mistake by leaving the job without any formal documentation. If he is interested in his job, he may approach the labor court under the provisions of the Industrial Dispute Act for reinstatement with continuity of service and back wages on the grounds of illegal termination.
RTI is not applicable to the private sector.
Regards.
From India, Pune
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Dear Mr. Mudassar,
Thank you for the excellent advice. Let me clarify further:
1. The salary was paid from April to May 2011 (June salary not paid).
2. The appointment letter contained all standard clauses, including notice period and regularization after one year, etc.
3. What options are available now to recover the salary (2 years have passed)?
Regards
From India, New Delhi
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Thank you for the excellent advice. Let me clarify further:
1. The salary was paid from April to May 2011 (June salary not paid).
2. The appointment letter contained all standard clauses, including notice period and regularization after one year, etc.
3. What options are available now to recover the salary (2 years have passed)?
Regards
From India, New Delhi
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I would suggest that if your friend is now settled in another organization, it would be best not to take any action. It has been almost 3 years since then. It would be better for him to concentrate on the present to secure a bright future, rather than dwelling on the past. However, if he feels that he has a case, he can still approach the labour court.
Regards
From India, Pune
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Regards
From India, Pune
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Management always has a lot of legal tactics to prove employees wrong. They can easily manipulate the game. Also, they have a special legal cell within the organization for such cases.
On the other hand, the employee is on their own in such legal battles. Peace of mind is still worth more than rupees 1 lakh or 2.
However, if your friend wants justice to be done, they can file a civil suit as well as proceed to the labor court.
From India, Pune
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On the other hand, the employee is on their own in such legal battles. Peace of mind is still worth more than rupees 1 lakh or 2.
However, if your friend wants justice to be done, they can file a civil suit as well as proceed to the labor court.
From India, Pune
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Full n final settlement.doc