Dear All,
Need advice on Full & Final Settlement refusal
I joined an Edtech company in the first week of February 2022. According to the offer letter, my probation period was six months. The notice period for self-resignation during the probation period was mentioned as one month. However, they also stated 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 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 the rules and policy of the company."
Now, the company has terminated my service on 30th June without giving any prior notice, citing non-performance as the reason. The last working day mentioned was 30th June.
I have been requesting my F & F settlement for the past two months through emails, but the company was not responding. Finally, they replied that "In termination F & F is not processed."
Seeking advice on claiming F & F
Can I do something to claim my F & F? The company is a Private Limited Company. Additionally, my salary for June 2022 and my travel bills are due for payment.
Please help.
Thanks in advance.
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Need advice on Full & Final Settlement refusal
I joined an Edtech company in the first week of February 2022. According to the offer letter, my probation period was six months. The notice period for self-resignation during the probation period was mentioned as one month. However, they also stated 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 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 the rules and policy of the company."
Now, the company has terminated my service on 30th June without giving any prior notice, citing non-performance as the reason. The last working day mentioned was 30th June.
I have been requesting my F & F settlement for the past two months through emails, but the company was not responding. Finally, they replied that "In termination F & F is not processed."
Seeking advice on claiming F & F
Can I do something to claim my F & F? The company is a Private Limited Company. Additionally, my salary for June 2022 and my travel bills are due for payment.
Please help.
Thanks in advance.
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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 a salary for the work done and seek reimbursement of travel bills. Has the organization given you any notice regarding unsatisfactory performance, or is this 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 Labor officer of the local area and seek his intervention.
From India, Mumbai
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1593Since it is informed to you that there is no F&F processing, this is a fit case to take up with the Labor officer of the local area and seek his intervention.
From India, Mumbai
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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 by mail that they had terminated my services with immediate effect, and the reason given was non-performance.
In fact, the company has been engaging in similar activities with other employees as well. In most cases, they have asked the employees to resign themselves, and in such cases, the employees have received their F&F. However, in my case, they never asked me to resign; rather, they terminated me.
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In fact, the company has been engaging in similar activities with other employees as well. In most cases, they have asked the employees to resign themselves, and in such cases, the employees have received their F&F. However, in my case, they never asked me to resign; rather, they terminated me.
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It seems illegal on the part of your company. You may return whatever company's assets are in your possession, fully document the same, get acknowledgment from the company's representative, and then take legal action against the company. From your post, it is gathered that there are other victims. You, along with such affected persons, can take legal action with the Labor office, requesting the Labor officer for intervention in the matter and to resolve the issue.
The company can withhold F&F settlement only if the employee commits some serious offenses, but ultimately the amount has to be paid!
From India, Aizawl
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The company can withhold F&F settlement only if the employee commits some serious offenses, but ultimately the amount has to be paid!
From India, Aizawl
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Thank you, Mr. P Radhakrishnan Nair. I have handed over all the company's assets to the company officials, and I have the receipt for the same via email. In my subsequent follow-up emails for F&F, written to HR, I had specifically asked them for any discrepancies towards me which may be causing a delay in my settlement. To date, I have not received any communication regarding this matter.
I would like to understand if the company has the legal right to withhold my claim. If not, what options are available to me? I have already sent 4-5 emails to HR regarding my settlement, and the HR department has acknowledged the receipt of my emails.
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I would like to understand if the company has the legal right to withhold my claim. If not, what options are available to me? I have already sent 4-5 emails to HR regarding my settlement, and the HR department has acknowledged the receipt of my emails.
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf