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Full and Final Settlement Dues
06-Nov-2024 (In Labour & Service Law)
My firm is not clearing my Full and Final Settlement, what should I do? It's been 9 months now and no one reverting to mails/calls/texts.
Well, if the firm is not replying to your Emails and SMSes and WhatsApp messages, that is, to evade you from paying Salary, then Send them a Registered Post, if still, they are ignoring to receive, then, lodge a Police Complaint against them or/and file a Civil Case in Court, as there are higher chances that if we send them a Legal Notice, they will evade from receiving such legal notice.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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I advise that if your firm has not cleared your Full and Final Settlement (F&F) even after nine months, you should first send a formal legal notice to the company demanding immediate payment of your dues. This notice should outline your employment details, the date of your resignation or termination, and the outstanding amounts owed, including salary, leave encashments, gratuity, or any other payments due. Ensure that this legal notice sets a reasonable deadline for the company to respond and settle the dues.
If the company fails to act on the legal notice, you can proceed to file a complaint with the labor commissioner or the appropriate labor authorities in your jurisdiction, as they handle such disputes and can facilitate a resolution. Alternatively, you may consider filing a civil suit for recovery of dues or, if applicable, an application in an appropriate labor court for redressal. Keep all relevant documentation, such as your appointment letter, resignation acceptance, pay slips, emails, and correspondence with the company, as they will be crucial in supporting your case.
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Adv. Muzammil Shaikh
Thane | 25+ Answers
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Well, you need to serve a Legal Notice to your Ex Employer first. If things won't workout from sending Legal Notice, then, you can either file a Police Complaint and get that complaint converted into a FIR by putting Cognizable Sections to seek Jail Punishment for those not releasing your Salary, as they may have hired you with a malafide intent to cheat, as part of their Criminal Conspiracy or else you can file a Civil Suit to recover your Salary.
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Adv. Pankaj Bajaj
Pune | 700+ Answers
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