Fnf clearance pending since four months with a startup.

While posting such queries employee should post basic information!

What is this establishment; Govt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was your resignation accepted and FnF statement issued to you? Did you accept the FnF statement in writing?

Did you submit written representation under proper acknowledgment and did company reply in writing?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

Generically speaking; If relieving letter is issued then employee is relieved and nothing is due towards employee.

The employer may ...may square off the dues by notice pay.

You may post with name of state where you were employed and has the state issued notification for Greivance redessal committee.

Originally posted by : Ankitgiri Gusai
	I was working with a IT startup for better part of the 2017. I was initially hired on hourly bases and later as a full time employee.   As it often happens, startups ran out of funds, and so me with other employees were asked to seek employement elsewhere. It has been four months(as of December 2018) and while I have gotten my relieving letter my last month's salary is still pending.  The reason I waited for this long before doing anything concrete is because the CEO was trying really hard to get things rolling again and waiting couple of months for my salary felt right thing to do at that time. Recently one of my former colleague informed me that our starup CEO has given up and he will be liquifying his assets really soon. Now that his last efforts are over I asked to clear my account and since then he has started avoiding me, it has been two weeks since he has stopped receiving calls and keeps delaying our meeting.  Do I still have any options after knowingly not asking for my salary for 4 months?  Thanks in advance. p.s. I had a legal employment with the company before I was relieved detailing my role, duties and rights with the salary amount, I have also received salaries prior to the month I was let go.

Your last month  salary is pending and you have not asked for IT in writing for 4 months!

IT does not limit your claim.

However either you may give up or don't give a very long rope to empliyer.

The employer may be contemplating limitation of 3Y or as posted by you liquidation.

Originally posted by : Ankitgiri Gusai
	Originally posted by : Kumar Doab While posting such queries employee should post basic information! What is this establishment; Govt, private, Commercial, Industrial? What is its nature of business say; IT, ITeS? How many persons are employed in it? What is your designation and nature of duties? How many persons report to you? Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?   Do standing orders (model/certified) apply to establishment and your designation? What is notice period as per appointment letter/offer letter and what was notice period tendered by you? Was your resignation accepted and FnF statement issued to you? Did you accept the FnF statement in writing? Did you submit written representation under proper acknowledgment and did company reply in writing?   Was ever any stinker, memo, show cause notice on any misconduct issued to you? Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance? Are you a member of employee’s/trade unions? Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?   You may revert to relevant points. Name of company etc is not required so don’t post names etc . Thank you for your response. What is this establishment; Govt, private, Commercial, Industrial? It is a private establishment.     What is its nature of business say; IT, ITeS? IT. Company has its own proprietary product.     How many persons are employed in it? 8 full time employees. part time employees varies between 2-4 depending on workload.   What is your designation and nature of duties? I was Mobile Application Developer(official designation : Software Engineer II, Mobile) and apart from building mobil software I did requirement analysis for future functionalities.   How many persons report to you? 0.   Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? No.   You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing? I am in Gujarat state. I worked on hour based contract for 11 months and after that for 3 months as full time employee. My agreement did not include any probation period. I was offered full time employment directly with all the perks a full time employee gets.     Do standing orders (model/certified) apply to establishment and your designation? I could not find any information on this.   What is notice period as per appointment letter/offer letter and what was notice period tendered by you? Offer letter notice period is 30 days. I was asked to move back to hour based work contract on a day's notice so I suppose notice period tendred by me would be 0.   Was your resignation accepted and FnF statement issued to you? Did you accept the FnF statement in writing? For resignation,  I was told that it is no longer feasible for them to offer me a full time employment so technically I have not send any resignation letter.  But I have received experience/relieving letter, on my request.    Regarding FnF, FnF statement has not been issued yet as my account is still not clreared.     Did you submit written representation under proper acknowledgment and did company reply in writing? I am not sure what representation you reffered to.     Was ever any stinker, memo, show cause notice on any misconduct issued to you? No.   Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance? No it does not(at least I had not been made aware of). I did not receive any appraisal for the duration of my tenure.      Are you a member of employee’s/trade unions? No, I am not.   Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?   offer letter -Yes. I have received Form 16 for year of 2017-2018 but for year 2018/19 it is still pending (which should be correct as FnF statement) . Other mentions - No.

The employer may square off the dues by notice pay and may decide to pay balance if any or recover balance if any.

The reliving letter is probbaly  issued to ward off claim/damages for not been able to get employment.

You may go thru; Shops & Estbs Act of the satate, IT policy, other state govt policy for exemption if any given to establishment..and relate if you are covered by the def. of employee as in the Act and the notice period inserted in appointment/offer letter applies to you..

You may approach Authorities/courts for relief.

e.g; Labor Inspedctor/ALC/ALCC (State/Central as applicable in your case if you are covered by the def. of Workman as in ID Act) or Labor Court/CGIT

The LOCAL Inspector at your location might also be Inspector appointed under Shops & Estbs Act,

Inspector appointed Payment of Wages Act ( This Act does not discriminate between Workman and Non Workman) if you are covered by the def. of wages under the Act..

Civil courts (if you are not covered by the def. of Workman as in ID Act) and court may  provide relief for breach of contract..and interest for delayed period..

The skilled approach by you or notice from your end or demand notice or communique from unions, or communique from authorities, legal notice may prompt the employer to clear the dues if any and issue correct FnF statement also...

Verbal communications are difficult to prove so the record alone can establish you were engaged as monthly rated or not!

Daily wages=Monthly wages/28

Hourly wages =daily wages/8

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/Service  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Labor Court/CGIT, CAT/School-Educational Tribunal/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/service matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section and also in Files/Articles. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Your elders, seasoned employee’s/trade union leaders, LOCAL counsel can appraise you in detail in person.

 In the meantime you may go thru threads on similar queries/Articles/Files etc and pick up relevant points e.g;

Articles under my profile ;  

“Employee can file complaint against Termination Also at City Where Management decided to Terminate

No charge of Unauthorized Absence on Employee after Expiry of Notice Period!

No Income Tax on Notice Pay of Employee

Prospects of relief from civil courts to Employees that are not covered as 'Workman' and by umbrella of Labor Laws”