Full and final settlement pending. Resigned 3 months back. What to do?


I am not getting my full and final salary even after 3 months since I resigned. I was working with a private firm but due to some reason and mutual communication I resigned. 

 

But after 3 months they are not giving my salary. Please suggest what should I do for the same?

 

Answer

As you mention that you resigned by 'mutual' communication, there must have been some terms on which you and your company decided to part ways. Did those terms include the time in which the company was to release your Full & Final payment along with other dues? Was this communication verbal or through email / documented?

 

Answers to these questions will enable us to provide you with better assistance and suggest proper legal recourse.

 

The course of recovery of your employment dues depends on the nature of job you were rendering. If it was clerical in nature, the Industrial Disputes Act would be applicable and you can get the desired relief in the labour court. 

 

You can file your complaint for financial dues including salary and other applicable benefits. For PF withdrawal, you have to move the prescribed application before the concerned PF office authorities and in case of no action by them, you may write in to the PF commissioner stating your woes and inaction by the concerned authorities.

 

On the other hand, if your job was of a supervisory nature, you have to give a Legal Notice to the management for payment of financial dues, which include salary arrears, gratuity (if applicable), leave encashment etc.

 

If the management does not respond positively or does not pay in the stipulated time of 15 days, you may file a Civil suit for recovery of financial dues in the relevant Civil court by paying the relevant court fee. Any documentary evidence like communication at the time of resignation will be beneficial and support your cause / case.

 

Get complete legal details of full and final settlement along with the format of the settlement letter with this Labour Service Law Guide.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Labour & Service Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

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 Labour & Service Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


Related Articles


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

Legal Services

Create a Non Disclosure Agreement (NDA)

4.6 | 73 ratings
30 Min Intro call + Start to finish help - NDA drafted by a local experienced advocate
Legal Notice for Recovery of Dues from Employer

4.8 | 421 ratings
30 Min Intro call + Start to finish help
Create an Employement Agreement

4.6 | 203 ratings
30 Min Intro call + Start to finish help - Employement agreement drafted by a local experienced advocate
15 Minutes Labour / Service Advice Session by Phone

4.8 | 476 ratings
Legal advice and answers from a local experienced advocate about your labour / service issue.
Document Review - Non Disclosure Agreement (NDA)

4.6 | 64 ratings
Review + 30 Min phone call - NDA review by a local experienced advocate
Document Review - Employment Agreement/Appointment Letter

4.8 | 191 ratings
Review + 30 Min phone call - Employement Agreement review by a local experienced advocate
Create an Employment Termination Letter

4.2 | 45 ratings
30 Min Intro call + Start to finish help - Termination Letter drafted by a local experienced advocate
Email to HR

4.4 | 46 ratings
15 Min Intro call + Start to finish help - Personalised email drafted by a local experienced advocate
Similar questions

Cases as below: • Undertaken a training during employment with previous organization.This is the group training meant for group of people.There i…

Read More

I am working as a deputy engineer in PGVCL(Gujarat Elect. Board), management serve me departmental chargesheet on DT.21.07.14,then I demanded relavent…

Read More

On 11th March 20017 HR force to resine without any reasen after 10Year Service…

Read More

If we left the organisation in may 17 n resign given sept.17 I worked for 7yrs I'm the automobile Chevrolet org. After resign that has been accept…

Read More

Talk to a lawyer for your legal issue