Full And Final Settlement [Thread 570506]

I had quit the company with serving notice period and being relieved with confirmation on mail and also returned the assets back which is almost a month now but HR is not at all receiving the call not replying to messages, i just need to know can i go legal with them or need to wait till certain period.

HI

I worked in a plant at managerial post owned by a MNC company in Gurgaon for more than 6 years.

The company thru an internal restructuring closed the position at all plants and subsequently certain managers were asked to

leave within three months.

I resigned from the company and basis my offer letter stating I confirmed to serve the notice period.

My resignation was not accepted for more than 60 days & my salary for next 2 months was held by the company.

I was not allowed to work in the Plant & verbally politely told by plant head & HR mgr to stay at home.

I raised the issue to HR at Gurgaon as they advised the plant head to hold me from coming to office & they wanted me to change my resignation to first month last day only so that they can save the 2 months salary.

I went thru lot of humiliation & mental harassment due to non payment of salary & no clear picture on acceptance of resignation.

Post 60 days my resignation was accepted and I was told to submit the company laptop I card for F&F settlements.

I have received the dues of salaries after 8 months of follow up & further my PLI has not been paid by the company as they have stated it is their prerogative & further as per policy if employee is under notice he cannot claim the same.

As it was not a voluntary resignation but made as one & further the salary was stopped for 2 subsequent months I need an expert advise on how can I claim the PLI - performance linked incentive as I am eligible for the same. It is a part of my 2015 salary & I resigned in Jan'16. Company itself pays the PLI delaying the same till March 31st. further all hikes & new PLI part of CTC are applicable from January onwards.

I need an advise on same before I approach the Legal lawyer as it involves further cost. Further it is hard earned money and for no fault of mine I am being deprived of the same. Generally whenever the severance takes place company generally compensates but over here it seems MNC company are advised by their Indian HR experts to save on few Lakhs even it means wrong & unethical ways.

Please help me to get the my salary dues which were part of my 2015 ctc.

Dear All,
First contact to your Manager regarding F & F settlement if any things pending from your your department HR will hold your settlement till get confirmation from your reporting manager.
Just compliant in PS as harassment,
For plant worker can approach to union leaders.

First your designation is manager. However, if you come under the purview of 'workman' as defined under the ID Act, then things would be easier. Whatever it is, whether you are a workman or not, you are entitled to your dues. You have to first claim such dues from the company in writing/ through legal notice. If it is not paid then you can move to court and claim accordingly. Better to consult a lawyer with all your documents so that important aspect like whether you can come under ID Act or not is decided at first. You can definitely take help of union but complaining before police station will not be of much help in your case I believe.

There is no way to go to Labour Court as your designation or nature of job is not covered unde preview of "Workman" under I.D. Act . So it will be better to process matter under Civil Suit.
Ghorpade R.J.

If the amount involved is meager then it is not advisable to go legal, if it is a huge amount and if you think that you can spend time and money to recover it then you should go legal.