F and F dues not paid less & HR refusal on PIP documentation
7 months ago
I was forced to resign based on PIP failure & HR refused to provide me the documentation stating 'As far as the PIP documentation is concerned, there is no separate documentation which is sent out to the employee. Please note the same.' This statement was made by HR without giving any valid reason. Also the company shows no transparency when it comes to accountablity. They just transferred my dues to my bank account without bothering to send me a detailed F&F statement & when I asked for the same, they just sent me an F&F letter stating the total amount. Hence I asked for a detailed F&F statement for which I was given a run around & then they sent it much later. And I noticed that they had paid me not only less than what was due to me, but had also deducted from my salary when I worked for the entire month. Leave encashment was paid lesser than what I was actually eligible for. So I sent them a proof of my actual leave balance & what it was showing in their system to which I got a reply stating as per company policy 'the leave encashment opening balance and closing balance is compared and whichever lesser will be encashed.' This is nothing but cheating & exploitation since I have been extremely loyal & hardworking towards the company & had never taken a single leave even though I knew what plans they were hatching behind my back. I had never taken a single leave & had accumulated a lot of leaves to my credit & now these people have robbed me. Please suggest what I should do? Should I approach a labour commissioner & expose their unethical practices?
Yes, of course, you should approach the concerned Labour Commissioner to expose the employer's/Co's unethical and unfair labour practices. An employee either on probation or regular employment is governed by the contract of employment i.e, an offer letter issued by the company at the time of joining. In this situation, you need to review the terms and condition of your offer letter carefully to find out whether the action of the Company is or are contradictory to the terms of your contract of employment. In case you find any deviation or violation of any terms of the contract that makes the working environment toxic, you need to bring the matter to the notice of your higher authority either through written application or through email. A performance improvement plan (PIP), also known as a performance action plan, is a tool to give an employee with performance deficiencies the opportunity to succeed. If you're put on a PIP, take time to process your emotions and understand the situation. At times, it may help you to seek the guidance of a mentor — either within the company or a professional career coach. If you fail to cope with the toxic environment and quit in the course of PIP, you may lose getting any unemployment benefits or any severance package. On the other hand, termination for unsatisfactory performance may qualify as retrenchment – i.e., the termination of an employee/ worker for any reason other than by way of disciplinary action, then they are to be given at least 1 month to 3 months prior notice and payment in lieu of notice of termination in compliance with the Sec.25N(1)(a) of Industrial Dispute Act, 1947. Typically this kind of leave is called Earned Leave because you 'earn' these leaves for days worked and are treated as paid leave. This kind of leave is also known as Vacation Leave (VL) or Privilege Leave (PL) or Flexi Holiday, or Annual Leave (AL). The EL leave type is typically used by employees for personal reasons. As per the Industrial Dispute Act, all the workers/employees must be given 1 day for every 20 completed days worked. As per that ratio, per year total of 313 working days, 15 or 16 days of leave is earned by an employee. If your terms of employment allow encashment of Earned Leave up to a fixed limit, then you are entitled to claim encashment of said leave from the Company on your cessation of employment. 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 you need to serve a legal notice to your employer/company and file a complaint against them over alleged unfair labour practice before the concerned Labour Commissioner for redressal of your grievance failing which you may file an application u/s.33C(2) of I D Act before the concerned Labour Court directly claiming entire F & F Settlement dues payable on cessation of your employment on resignation. Otherwise, you have to pursue a civil suit before a Civil Court for redressal of his grievance against the company. In case you need any legal services/assistance in this regard, you may contact our legal team with all the relevant papers.
If the employer fails to pay the amount due for FnF settlement, the employee can take legal action against the employer and demand the payment of a penalty for the delay. If the employer fraudulently avoids paying the FnF amount, the employee can also lodge a police complaint.
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