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Full & Final settlement with last employer
26-Sep-2023 (In Labour & Service Law)
Dear Mam/Sir, My last employer has terminated my services at his interest and will and has not given me any notice period nor send me any termination letter or mail, neither from my side also any formal resignation mail/letter was submitted. In addition to this the Director(reporting boss) of the company pressurizing me to settle the customer's due and threatening to file a case against me for the outstanding if customer denied payment. For the last two month I am not in job and only trying to resolve the matter with customers who owe to company. My question is what should I do now to get my Salary plus other dues. Any notice period amount can also be claimed or not ? I had completed one year of working in that particular company. Second question - Can an employer file a case against an employee where the customer is not ready to pay the bills/outstanding. Thanking in advance for your help and suggestion.
Normally, an employee cannot be forced to make good the losses against non-payment by the customers unless you too have a stake in terms of some percentage of the due from the customers or the dues have remained un-recovered due to your negligence proved in an inquiry or it is explicitly provided in you contract of employment. Regarding your other disputes you can approach the court.
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Your relationship with your employer is governed by the contract you signed with them and thus the proper answers to your questions can be given only after going through your employment contract. Generally however there is a notice period in the contract that must be adhered to. The fastest way to recover you salary would be to make a complaint in writing to the Labour inspector of the area where the shop is situated.
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Adv. Rohan Mittal
Panchkula | 200+ Answers
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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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