Company not giving full and final settlement. How can i claim it?
i joined a company on 11 June. On 1 st July the company's estimate book got lost. They threatened me to file a FIR. They asked to find the book and i found the book at the MD's table. They told me to take my Full and final on 11 th. They kept delaying it and now when i went to take the f and f they physically hit me and were abusive. They do not want to provide me any salary. What step can i take?
See there are two elements involved here, one of civil nature and the other of criminal nature. Since you have mentioned that you were physically attacked, you should have filed an FIR for the said offence. That would have been in addition to an FIR for cheating and Criminal Misappropriation.
The second recourse available to you is to prosecute them under Civil law. Firstly a legal notice should be sent to them and then a Civil Suit for Breach of Contract and Recovery of Money should ideally be filed.
What is the ideal route to go ahead, depends upon other circumstances and facts. For example you have not mentioned the amount due, employee agreement (if any), notice period (whether served), documentation you have, etc.
Advocate Ahmad Shazeb AzharKaiserbagh, Lucknow
- Get complete legal details of full and final settlement along with the format of the settlement letter with this Labour Service Law Guide.
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