Mediclaim Insurance deduction in F&F settlement. Mediclaim Insurance deduction in F&F settlement.

10 months ago

I left the organization on 1st march, 2023 as my last working day. In my F&F the organization is demanding the installment of my group Mediclaim insurance for next 3 months i.e. March, April, & May. The rules say that after resigning the employee is not covered in Mediclaim benefits. Then should I still have to pay for that as they are forcing me & not issuing my experience letter. Do I have any skip route to this? What should I do?

Kishan Dutt Kalaskar

Responded 10 months ago

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A.Dear Sir,

Please approach the following authority or similar authority in a state


The Office Commissioner of Labour

Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,

The premium for renewal of the Group Mediclaim Policy is remitted to the Insurance Company once in a year when the policy becomes due for renewal. There is no provision for payment of a monthly premium towards the Group Mediclaim Policy and on cessation of your employment, the employer can neither claim for a premium from any ex-employee for any brake up period nor for the renewal for a further period of one year. So the employer's claim for a premium for the next three months is arbitrary and illegal with ulterior motives. Let you ask them the due date of renewal of the Group Mediclaim Policy to identify the reason behind their claim. The employers cannot withhold your F & F Settlement dues and relieving letter based on their unlawful claim.

Better you may reach out to the Office of the concerned Labour Commissioner for redressal of your grievance or the Office Chief Inspector, Shops and Establishments if your establishment comes under the purview of the Shops and Establishment Act.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 10 months ago

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A.Hello,
As per the information you have mentioned you are entitiled to get your experience letter, You can request your employer to immediately issue the relieving letter. If he does not obliges, send him a legal notice demanding that he immediately issue the relieving letter along with salary slips.
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Vidhi Samaadhaan Vidhi Samaadhaan

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