Employer not issuing full and final and relieving letter
I had been working as a Branch head with a Private Limited company (Freight & Logistics) based in Mumbai and having its Head office in New Delhi.
Due to differences of ideologies and the company having no SOP and system in place, I submitted my resignation on 13/05/16 and my last day at work upon completion of my notice period was 12/06/16. Today it is more than 2 months since I have submitted my resignation and during the last one month, I have been sending regular reminders to my top management, Finance and Hr departments. There are just accusations coming from the HO towards losses to the company for accounts I had been handling. Whereas as mentioned above, due to their management having no SOP in place, I cannot be held responsible for their being in an improper state in handling issues.
Around the start of this year, the company had nominated me to attend a 6 day seminar on a work related course for which I received a certification from the conducting authority. Understood from the finance desk at HO that the course fees of approx Rs.20,000/- will be deducted from my final settlement. CAN the company deduct the course fee from my salary for which they nominated me (for the interest of their company).
The company has not communicated during the course nomination towards the recovery of costs from my salary.
I have informed my management during submission of my resignation with reasons for my resignation and the MD came back saying that we will discuss the same in person when he is down in Mumbai from Delhi. He came down to Mumbai during my last week of notice period still trying to convince me to stay which I refused.
During my notice period I was told to list down pendency of shipments and handover to the other staff in local office at Mumbai which I did and wrote to the management over mail. I surrendered my company Laptop, Blackberry with sim card.
I have replied to the accusation raised by the company and now they are adding more defaults to me for recovery of short payment eg: Short payment received from an overseas agent towards exchange rate applied. I had been communicating with an overseas agent for payment recovery against a shipment cleared in November 2015. The agent had been asking for clarity towards the exchange rate applied and I have been giving them all possible replies with supports and old mails of communication. My finance head, local accountant and Director too have been in copy of all the correspondences Not a single finance expert nor my Director replied with any clarity to the agent towards the exchange rate applied.
Recently have come to understand that the company received the payments towards the shipment with a short fall of the disputed exchange rate queries which my previous company is thrusting upon me and wanting to recover the same from me. How can the company deduct exchange rate shortfall from my settlement.
The company lost out on a big multi national companies business which I was co-ordinating and handling prior to my resignation. The results of our services were quite in order and we made good profits during February / March / April 2016. The MNC during its vendor assessment gave us good ratings in Mumbai with the next assessment being due in October 2016. During my notice period in May, the results of our services went down and the MNC threatened to withdraw its services from our company. This was communicated to my MD. During a meeting with the MNC in May post submission of my resignation, I had informed them to start co-ordination with other staffs form my team to carry forward the work process. The services were withdrawn by the MNC on 1st July (post my resignation / notice period) which I learnt during my communication for FNF which my previous MD is blaming me for loosing on the MNC's account. When they got my resignation, they should have nominated a staff to co-ordinate with the MNC and not blame me for their mis-management.
Over the 2 years of my work with them, there has been not a single month wherein the salary has been received during the 1st week of the month. Salaries have always been very delayed and the entire monthly budgets to run the home has been affected. Even the salary slips are not being received timely.
My relieving letter is yet to be received along with my FNF that includes my May month salary and 12 days in June. Please note, I am now facing loans which I had to take to keep my home running and am also disturbed by these accusations from my previous organisation.
Is my position of a Branch head covered under Labor laws.
My family and social life has been badly affected.
I have recently joined another company and they are asking for my relieving letter from my previous employer to be kept in my file.
Please assist with your guidance towards the above as my job prospects are being hampered due to non availability of a release order and my FNF from my previous employer.
Rajeev D Anand