LawRato

Full and final settlement not done by company


13-Oct-2023 (In Labour & Service Law)
I was working in company that's was a pvt limited company. After the 8 year of my job and over burdon of role and responsibility even I am not capable for this responsibility . I have decided to join another company and give resignation and accepted the same and I have served the notice of 18 days instead of 45 days notice. First department hod not want releive me on 15 days notice but after suddenly he was agree to releiv. A new commer joined few days before as a manager takes hand over with me. I am surprise that I am only a executive and my handover to a manager level employee. But it is ok , thats not my problem . Than after the handover I got my releiving letter and departmental clearance document . Now I am asking from hr through email and phone also but they did not reply on mails but on phone and whatsup they are saying it will be done soon. My salary, earned leave, gratuity is pending with them . Now hr says your HOD says , he did not complete his work.
Answers (2)

Answer #1
769 votes
I would advise you to initiate the recovery proceedings by filing a suit impleading thr concerned directors of the company and seek your legitimate dues with respect to salary, leave encashment gratuity etc.
People also ask

How do I complain about a full and final settlement?

The employee may approach the Labour Court if the Labour Commissioner fails to offer a solution. The Industrial Disputes Act of 1947 can be used to file this suit. This suit must however be filed within one year of the date the salary was due.

When can a company take legal action against employee?

Breach of Contract: Employment contracts often specify the required notice period. Failure to comply with this requirement can be viewed as a breach in contract and allow the employer to take legal actions against the departing worker.

What are the new rules for full and final settlement?

According to the new FnF payment law, the company is required to pay the entire salary within two working days of the employee's last day on the job, regardless of whether they have been terminated, resigned, or dismissed.

What is a legal notice to employer for full and final settlement?

Legal Notice for Final and Full Settlement: Through an attorney, the employee can send to their employer a legal notification demanding all pending payments and specifying a realistic time frame for settlement. This legal notice may serve as a formal caution to the employer.

  
Answer #2
121 votes
Employees who are not paid by their employer for FnF settlement can file a lawsuit against them and ask for a penalty. Employees can file a police report if the employer defrauds them of the FnF settlement amount.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

sunil gupta
I was working in a pvt. Ltd. company. And I have submitted my resignation from my post, I received my fnf which was of 12 days salary instead of 31days. So in this case what action should I take?

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."