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How can i recover my full & final settlement from a company
01-Dec-2023 (In Labour & Service Law)
I WAS WORKING IN A COMPANY FROM NOVEMBER 2014 TILL JULY 2016 . I WAS ASKED TO LEAVE ON 8TH JULY 2016 BECAUSE I HAD TAKEN AN OFF FOR MY FESTIVAL( ID UL FITR) . I RESIGNED BECAUSE THE COMPANY WAS NOT PAYING THE SALARY AND INCENTIVES IN TIME. I WAS TOLD I WILL GET MY FNF AND EXPERIENCE LETTER AFTER 45 DAYS. I WAS GIVEN MY EXPERIENCE LETTER IN 15 DAYS AS I HAD SENT THE EMAIL ASKING ABOUT THE DATE OF FNF PAYMENT. AFTER 45 DAYS I STARTED ASKING FOR MY FNF WHICH WAS COMPLETE SALARY FOR JUNE 8 DAYS OF JULY INCENTIVE AND PERFORMANCE LINKED INCENTIVE BUT I WAS GIVEN SEVERAL DATES BUT TILL NOW AFTER APPROXIMATELY 5 MONTHS THEY ARE NOT GIVING THE FNF . THEY DO NOT RESPOND TO EMAIL , PHONE I HAVE ALSO SENT A LETTER THROUGH POST.LAST WEEK TODAY I GOT A THREATENING PHONE CALL FROM THE HR AS I HAD POSTED A REVIEW ON SOCIAL NETWORK TO DELETE MY REVIEW . HE WAS THREATENING ME TO FILE A CASE AGAINST ME. THEY ARE NOT READY TO PAY MY FNF DUES PLEASE ADVICE.
For full and final settlement of fnf dues, send them a legal notice through an Advocate calling upon them to forthwith clear the said dues. In case this fails to help, approach the labour Court with a complaint.
Helpful?
45+
45+
Hello Sir, I hope this finds you in best of health and fortune.
After reading your query I realise that it is a case of Employer backing out from it's commitments. Based upon the information you have provided, you have the following recommended option-
File a recovery suit against the Employer/Company for your dues with interest as well as substantive damages- in this case the Company will have to come to Court and answer to the Court as to why it has not cleared your dues in time. The Employer/Company may be made liable to pay you the entire dues/amounts with interest, along with damages (with interest) and cost of litigation (with interest).
Since I do not have complete details, please note that you also have the following options-
In case your Employer is as a Department/Enterprise covered under the Labour laws, then we may also look into the option of filing a Complain with the labour commissioner for dues. That will be a much faster mode of dispute resolution however, you may not get substantive damages.
Further, in case your employer (private or public) is covered under the Shops and Establishments Act of the State then we may consider filing a Complaint against the Employer/Company against the relevant law as well. Even though this may be a faster mode but in this case also you may not get substantive damages.
Hope this helps.
Thanks
After reading your query I realise that it is a case of Employer backing out from it's commitments. Based upon the information you have provided, you have the following recommended option-
File a recovery suit against the Employer/Company for your dues with interest as well as substantive damages- in this case the Company will have to come to Court and answer to the Court as to why it has not cleared your dues in time. The Employer/Company may be made liable to pay you the entire dues/amounts with interest, along with damages (with interest) and cost of litigation (with interest).
Since I do not have complete details, please note that you also have the following options-
In case your Employer is as a Department/Enterprise covered under the Labour laws, then we may also look into the option of filing a Complain with the labour commissioner for dues. That will be a much faster mode of dispute resolution however, you may not get substantive damages.
Further, in case your employer (private or public) is covered under the Shops and Establishments Act of the State then we may consider filing a Complaint against the Employer/Company against the relevant law as well. Even though this may be a faster mode but in this case also you may not get substantive damages.
Hope this helps.
Thanks
Helpful?
50+
50+
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.
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