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Non payment of pending amount to ex employee
25-Jul-2023 (In Labour & Service Law)
HI, I was employed with a Pune based company from Jan 2018 to Mid march 2018. I resigned during mid of march , when i resigned the salary for Feb had still not been credited. I offered the employer to serve notice period, however, he accepted the resignation and then he said that he has terminated me and hence I don't need to serve the notice period. They further said that FNF would happen after 60days. After many follow ups, I am being told that they will only pay when the client pays them. I need legal advise on the following 1. What does the ex- employee have to do with the payment of the client? As promised by them they should have done the FNF after 60 days. The Ex- Employee does not access to company accounts, so how will he know if at all the client has made the payment and they are not misleading. 2. As per labour laws, can an employer terminate an employee after acceptance of resignation?
Hi,
In your case, Firstly, the employer cannot terminate the employee after acceptance of resignation. His rejection of your offer to serve notice period is totally based on baseless reason. His act amounts to arbitrariness and high headedness. The F&F had to be cleared by the employer after the resignation from the employment of the employee.
Thus, in the light of the above, I would like to answer your questions in the following manner:
1. Nothing, It is mere escape, that your employer is seeking form his liability. It is the liability of the employer to clear the Full and Final Payment at the time of resignation or even in termination as the case may be.
2. No, there is no such provision in labour laws and it his mere an escape from his legally enforceable liability.
Please feel free to contact me for further assistance.
Helpful?
Adv. Shivee Pandey
Delhi | 25+ Answers
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Please take note of following recourse -
1. Send them a legal notice asking for your Full and Final settlement and for your reliving as per the law.
2. Ask them to compensate you in against the mental trauma which you have gone through all these while.
3. If they refuse to oblige to your legal notice then drag them before the competent court of jurisdiction for your right.
Helpful?
Adv. Pulkit Prakash
Delhi | 400+ Answers
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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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