• I never received my appointment letter and FNF but I have offer letter, resignation acceptance

I worked for an organisation called EBS. They never gave me an appointment letter. But I have offer letter , payslips and resignation acceptance and all. Now the company is asking me to sign the appointment letter on back date, else they will not clear my FnF. The appointment letter clauses are new and I don't want to do such manipulation. What should i do?
Asked 4 years ago in Labour

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18 Answers

1)Yes donot sign the appointment letter in back date instead issue them.a.legal notice to to clear your payments.

2) on notice if they donot clear you can file a complaint with labour commissioner he shall give them notice and try to persue matter in case they donot give matter shall be put on labour court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Straight forward deny them that you want sign the appointment letter in back date and issue them.notice for clearing your full and final payments.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir with labour commissioner and labour court you can fight without lawyer the labour commissioner shall guide you.

There are prescribed forms available with labour commissioner office they shall give you fill and submit same before him.he shall resolve your dispute.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir, perused your question in details. You are advised to keep a record of the facts by sending a legal notice to the Company, and writing to them that you are giving them seven days time to clear your dues (full and final settlement) , failing which you shall take legal steps against them. If they do not clear your fnf, you may approach the concerned labour officer of your area. Please get in touch for more details. Thank you.

Abhishek Dutt
Advocate, Kolkata
31 Answers
1 Consultation

4.0 on 5.0

Firstly, there is nothing that every lawyer charges very high as let me tell you that I run an NGO and charge very less just the cost of resources.

Secondly, they can’t ask you to sign from the back date as it was not your responsibility to every time ask for the appointment letter.

Thirdly, they are doing it as they must want to show something from back time in their balance sheet etc.

Fourthly, just inform them that you are not going to do that it would take legal action, and if they ask you to resign then say you would call the police.

Fifthly, as it is the duty of the police to take you to the labour forum when they receive such calls.

Sixthly, take your salary and leave that company and then take legal action if they hold anything of yours.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

In what way is the appointment letter affecting your interests now especially when your resignation has been accepted?

However there is no necessity to sign the appointment letter at this stage when your resignation has already been accepted.

If they dont settle the F&F then you may issue a legal notice demanding the same,. let them give a reply either way, you have option to recover the dues through court of law.

T Kalaiselvan
Advocate, Vellore
79211 Answers
1615 Consultations

5.0 on 5.0

Can i get my FnF ever?

Why not?,

it is your entitlement and the dues are to be settled as per law even without you making a demand for it, but if they cannot lichen then you man make them listen the music of law.

T Kalaiselvan
Advocate, Vellore
79211 Answers
1615 Consultations

5.0 on 5.0

I already denied. But they said they won't clear my FNF then. Also, they are not for this signature in written. My salary not that much that i can appoint a lawyer or fight against an organisation. I just need my hard earn money to run my family

Without the help of law you cannot recover the same from your arrogant employer.

If you cannot fight it out legally then you may abide by the instructions the company is forcing you to, by signing the appointment letter at back date.

T Kalaiselvan
Advocate, Vellore
79211 Answers
1615 Consultations

5.0 on 5.0

1) sign the appointment letter

2) if you dont sign company would not settle your dues

3) litigation is long drawn and expensive proposition

Ajay Sethi
Advocate, Mumbai
89045 Answers
6352 Consultations

5.0 on 5.0

if you dont want to sign you cannot be forced to sign

2)if company refuses to clear your dues then you can sue the company to recover your dues

3) however suit may take some years to be disposed of

Ajay Sethi
Advocate, Mumbai
89045 Answers
6352 Consultations

5.0 on 5.0

sign the appointment letter take your full and final settlement amount as you cannot afford legal fees

Ajay Sethi
Advocate, Mumbai
89045 Answers
6352 Consultations

5.0 on 5.0

Why full & final settlement of the candidate is not done? What is the time limit for making full and final settlement?

Most of the time it happens that an employee leaves the company without serving proper notice. No company can hold employees F&F payment forever .

An Employee is governed by the terms and conditions as mentioned in his appointment Letter and by the Company's Service Rules and Regulations. Offer letter is issued to give you the offer to join the company but appointment letter is issued when a candidate joins the company as proof of joining and certain terms and agreements mentioned in the appointment letter. Appointment letter relates the name of the post at which one is appointed, responsibilities attached to the post, salary, perks and details like possibilities of transfer to other cities/towns, tours required, secrecy policy, notice period, PF & ESIC membership, age for superannuation, probationary/training period etc. All of these information’s are important for an employee.

In your case payslips and resignation acceptance are with you. So there is no need to put the signature in appointment letter in back date. Seek legal help through labour dept/ court by filing complaints.

send a legal demand notice & demand you money within a stipulated time, if they are not ready to make the payment within time then file a case before labour court or file a civil suit for recovery of money before civil court.( If the Company has issued the relieving letter, then it can only file a suit in the Civil Court for recovery of money through specific performance of contract .Otherwise file complaint before labour court for Settlement of F& F.)

Ajay N S
Advocate, Ernakulam
4010 Answers
96 Consultations

5.0 on 5.0

1. After so many months or years of working they can not make any material change of working conditions.

2. So you have rightly denied their claim for singing this agreement on fresh terms and conditions.

3. They are bound to clear your FNF under any circumstances.

4. if they refuse to clear this on your denial to sign the agreement you can explore both civil and criminal cases to get back your dues.

5. before filing those civil or criminal cases do send them a legal notice so the matter can be resolved amicably.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
408 Consultations

5.0 on 5.0

I would suggest you the following:

1. If you have been forced to resign, you should have lodged a police complaint in the nature of an FIR for fraud and cheating under sections 120-B, 420 etc. of the IPC;

2. At this stage also you can lodge police complaint for illegally withholding your FnF and asking you to commit to fraud by signing on back dated appointment letters;

3. You can also issue a legal notice to the company to clear your FnF as early as possible;

4. Even then the company is not ready to hand over the FnF, you can file a complaint before the labour commissioner of your area under whose jurisdiction the case falls under;

5. You all can also file Recovery Suit before the civil court against the said Company for all the pending dues etc.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hi Payel,

What is the fear you have if you sign the appointment letter. I think it is just a procedural thing and it is only better for you to have an appointment letter. This is not a manipulation but a fact that you have been appointed in the company from that date. It is ok to sign it backdate. If I am missing out on anything that might affect you signing the appointment letter from the back date, please tell me clearly.

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

In this condition the terms and conditions mentioned in the offer letter shall be applicable. You right is protected under the Indian Contract Act because you have an offer letter and pay slips. Upon production of these documents the court may presume that contract was made on the terms and conditions mentioned in the offer letter. Your employer has not issued appointment letter therefore at the later stage he cannot amend the terms and conditions which were mentioned in the offer letter. If employer tries to amend the terms and condition in belated appointment letter then according to Section 62 of the Indian Contract Act a new contract will begin from the date of signing of this appointment letter. You should not be worry that employer would not clear fnf. You can also file a civil suit if your employer is creating any hurdle.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Hi,

You are suggested not to indulge in any illegal activity intentionally.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You can send them a legal notice for the same. You can approach the labour court or civil court as per your designation as workman or not.

Prashant Nayak
Advocate, Mumbai
28075 Answers
93 Consultations

4.4 on 5.0

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