FNF not recieved
8 months ago
I was working with WNS Pune which is a corporate company. I was working with westjet process with was a canadian process. The process was on contract with the company for 3 months only. While hiring they didn't inform us about the 3 months span. I joined on 07th April 2023 & we are forced to send emails for resignation to HR & Manager on 19th June 2023. We were not informed that the day email was sent will be counted as your last day of working. We were on job working for the company till 27th June 2023.On 27th June 2023 night my manager gave a phone call & said today will be your last day. I was not ready for the resignation he said you have already sent an email to the hr from your email so no need to come from tomorrow. I said ok fine no problem but please consider my last day as 1st July 2023 because I am having leaves in my kitty and I have applied it for Eid. He declined on.thr spot then I said this is not a right time to speak let's have a word face to face tomorrow in the office. Next day I went to the office by their transport & thier I was trying to access my ID. However, my account was locked & I was not even aware of that. Then the security team called HR down stairs at admin office & the Hr said the same that the day you have sent an email will be counted as your last day. However, as you have worked till 27th your last day will be considered as 27th& you will get your FNF with 45-60 days. I was ok with that now 60 days has been passed no FNF has been processed nor the HR answering my calls. Am I eligible to put a case on them? Impact on company? Will I get my FNF till the day I worked?
Fixed-term contracts of employment normally end automatically when they reach their agreed finishing point, so there is no need for your employer to give you notice. The employment of fixed-term contractual employee stans terminated if the contract is not renewed by the employer. But when a contractual employee is terminated before the completion of the agreed tenure of employment, the employee deserves notice from the employer. Kerala High Court. rules that contractual employees cannot be terminated without the issue of notice and held that contractual employees are entitled to be issued a notice with regard to the unsatisfactory nature of their service before they are terminated for that reason.
On cessation of employment, an employer is duty bound to disburse the F & F Settkenent dues of the outgoing employee. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary action and illegal termination from employment, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you may file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter serving a legal notice to the employer. In case you need any legal assistance in this regard, you may contact our legal team with relevant papers.
From the facts provided, it appears that you were on a fixed-term contract for three months with WNS Pune, working on the WestJet process. There is a dispute regarding your last working day and the processing of your Full and Final Settlement (FNF).
Regarding the last working day, if there was no specific contractual provision or company policy regarding the notice period for termination or resignation, the general principle is that notice should be given in accordance with reasonable practices. In the absence of an agreed-upon notice period, it would be advisable to refer to labor laws or regulations applicable in your jurisdiction to determine the minimum notice required. If the company did not adhere to such notice requirements, it may be a violation of labor laws.
Regarding the FNF, if the company has not processed it within the agreed timeframe or a reasonable time, you may have a valid claim for the delayed FNF. Generally, employers are required to settle the final dues of employees, including salary, leave encashment, and other entitlements, within a specific period after termination. The specific timeframe may be governed by the employment contract, company policies, or labor laws applicable in your jurisdiction.
To address your situation, it is advisable to take the following steps:
1. Communicate with the HR department: Document all previous communications and attempts to contact the HR department regarding the delayed FNF. Continue to reach out to them for a resolution and request clarification on the status and timeline for the FNF payment.
2. Consult with a labor lawyer: If your attempts to resolve the matter amicably are unsuccessful, it would be prudent to consult with a labor lawyer who can evaluate the specific circumstances, review your employment contract, and advise you on the available legal remedies. They can guide you on filing a complaint or pursuing legal action, if necessary.
The impact on the company will depend on the specific facts of the case, the applicable laws, and any contractual agreements in place. If the company is found to have violated labor laws or breached the employment contract, they may be liable for penalties or compensation.
Thank you.
Seeking Legal Advice Regarding Employment Issue
Accountant in a production house
Not paid the April month salary
Salary deduction for not serving notice period
Less Full and final settlement
