Dear Sir,
I Himanshu worked in COMPANY. I was confirmed as permanent employee in the company. Due to my medical reasons, I resigned from my services and with immediate effect on 9th Dec’14. Resignation with immediate effect bounds the employee to pay 03 month of basic salary. In the month of January’15, COMPANY got their resignation policy changed wherein it was described that “Employees resigning with immediate effect will have to pay Gross salary”. As stated above, I resigned from my services much prior to this policy change came into implementation. Initially I was asked by the HR DEPTT. to pay 03 month gross salary against my full and final settlement(FNF) with the company. Finally I have been told that I will be paying my 03 months basic and not 03 month of Gross salary. But this thing has been told to me orally. When I cross checked for the authenticity of the statement from the personnel who will do the FNF related formalities with me under Branch office, I am convinced on this part that amount to be paid my me has got changed under my FNF payment from Gross salary amount which was previously calculated Rs.52,000(approx) to Basic salary amount which now is Rs. 24,633/-.
I am also entitled for my 2nd Quarter (Apr’14-June’14) incentive which is above 1 lac and 10 thousand that again has not been paid to me yet.
It is to mention that Incentive should have been paid by COMPANY within 09 working days under its one more changed incentive policy and this changed policy came into place in September’14. So under this policy change I should have got my incentive much before the time when I resigned from my services, hence it is delayed by COMPANY.
For my Incentive dispersal, I was told by HR deptt to communicate with my sales head. Thereby, I spoke to my Sales team head, who initially assured me that I will get my incentive one week after when other sales personnel who are eligible for incentive as well will receive their incentives and I will get my incentive in the form of cheque. Other sales guys have received their incentives on 25th, February’15. Thereafter as committed by Sales Head, I talked to him and during that telephonic conversation, he manipulated his last quoted statement stating that “ under my full and final settlement, first I will pay my 03 months salary and only then one day after my FNF is done by me, he will hand over me my incentive cheque. This changed statement is completely opposite to the statement that he shared in the beginning of this FNF episode, where he told that first he will pay me my incentive by cheque and then I will get my FNF done.
After that I sent a mail to HR Deptt., Sales Head and Hub Head. I got no reply from no one on this mail. Subsequently, I got a call from Sales Head and he scolded/threatened me stating “Incentive ab le lena phir tu ”. I kept on requesting that I have not written anything offensive about anyone but he was very reckless in that situation.
Thereafter I thought to talk to his coordinator and called him up. In that call, I requested him as well that my Incentive should be given to me before my FNF takes place. He in the same line with Sales Head told me that first I will get my FNF done, after which he in person will hand over my incentive cheque to me. As I have always been not in favor to get my FNF done until or unless I receive my incentive cheque. Then in subsequent communication with him, he told that instead of Delhi Hub, my FNF will happen in Branch office and on the very same day after getting my FNF cleared at branch, I will meet him and collect my cheque from him. In return It has been decided and as communicated by him, and he demands that I will have to pay him Rs. 25,000-30,000 that comes under unfair means. As I am put into a situation, where I am left with no other option but to give him the decided amount as bribe. Simultaneously, we agreed mutually that I will issue PDC(Post dated cheque) against my FNF, therby will collect incentive cheque from him on the same day. But, I am reluctant to do my FNF settlement before receiving my Incentive cheque, as once I will get my FNF done and if Sales Coordinator refuses to give me my cheque, if he actually has the cheque prepared with him, it will mean that I by default agrees and accepts that I am clear with COMPANY with no dues uncleared including my Incentive amount.
Also, I have all the call recordings held between me, Sales Head, Coordinator and other recordings of branch/ Hub in support of all the points that has been already stated above.
Also please advise me that how can I withdraw my PF without Full & Final settlement.
Regards,
I Himanshu worked in COMPANY. I was confirmed as permanent employee in the company. Due to my medical reasons, I resigned from my services and with immediate effect on 9th Dec’14. Resignation with immediate effect bounds the employee to pay 03 month of basic salary. In the month of January’15, COMPANY got their resignation policy changed wherein it was described that “Employees resigning with immediate effect will have to pay Gross salary”. As stated above, I resigned from my services much prior to this policy change came into implementation. Initially I was asked by the HR DEPTT. to pay 03 month gross salary against my full and final settlement(FNF) with the company. Finally I have been told that I will be paying my 03 months basic and not 03 month of Gross salary. But this thing has been told to me orally. When I cross checked for the authenticity of the statement from the personnel who will do the FNF related formalities with me under Branch office, I am convinced on this part that amount to be paid my me has got changed under my FNF payment from Gross salary amount which was previously calculated Rs.52,000(approx) to Basic salary amount which now is Rs. 24,633/-.
I am also entitled for my 2nd Quarter (Apr’14-June’14) incentive which is above 1 lac and 10 thousand that again has not been paid to me yet.
It is to mention that Incentive should have been paid by COMPANY within 09 working days under its one more changed incentive policy and this changed policy came into place in September’14. So under this policy change I should have got my incentive much before the time when I resigned from my services, hence it is delayed by COMPANY.
For my Incentive dispersal, I was told by HR deptt to communicate with my sales head. Thereby, I spoke to my Sales team head, who initially assured me that I will get my incentive one week after when other sales personnel who are eligible for incentive as well will receive their incentives and I will get my incentive in the form of cheque. Other sales guys have received their incentives on 25th, February’15. Thereafter as committed by Sales Head, I talked to him and during that telephonic conversation, he manipulated his last quoted statement stating that “ under my full and final settlement, first I will pay my 03 months salary and only then one day after my FNF is done by me, he will hand over me my incentive cheque. This changed statement is completely opposite to the statement that he shared in the beginning of this FNF episode, where he told that first he will pay me my incentive by cheque and then I will get my FNF done.
After that I sent a mail to HR Deptt., Sales Head and Hub Head. I got no reply from no one on this mail. Subsequently, I got a call from Sales Head and he scolded/threatened me stating “Incentive ab le lena phir tu ”. I kept on requesting that I have not written anything offensive about anyone but he was very reckless in that situation.
Thereafter I thought to talk to his coordinator and called him up. In that call, I requested him as well that my Incentive should be given to me before my FNF takes place. He in the same line with Sales Head told me that first I will get my FNF done, after which he in person will hand over my incentive cheque to me. As I have always been not in favor to get my FNF done until or unless I receive my incentive cheque. Then in subsequent communication with him, he told that instead of Delhi Hub, my FNF will happen in Branch office and on the very same day after getting my FNF cleared at branch, I will meet him and collect my cheque from him. In return It has been decided and as communicated by him, and he demands that I will have to pay him Rs. 25,000-30,000 that comes under unfair means. As I am put into a situation, where I am left with no other option but to give him the decided amount as bribe. Simultaneously, we agreed mutually that I will issue PDC(Post dated cheque) against my FNF, therby will collect incentive cheque from him on the same day. But, I am reluctant to do my FNF settlement before receiving my Incentive cheque, as once I will get my FNF done and if Sales Coordinator refuses to give me my cheque, if he actually has the cheque prepared with him, it will mean that I by default agrees and accepts that I am clear with COMPANY with no dues uncleared including my Incentive amount.
Also, I have all the call recordings held between me, Sales Head, Coordinator and other recordings of branch/ Hub in support of all the points that has been already stated above.
Also please advise me that how can I withdraw my PF without Full & Final settlement.
Regards,