Full and final settlement

The offer letter issued to you was for 'Employment' or as 'Contractor'?

The amounts paid to you were 'Salary' or 'Consultancy Fee'?

Was any salary slip,Form16,PF number/a/c slips,ESIC card,I.Card issued to you?

How was relationship severed after completion of 1st project/9 months : By termination Letter/resignation?

The salary/compensation/consultancy fee/etc was paid thru same a/c of same company (or personal a/c)  in your same a/c  or was there any change?

What is the jurisdiction of courts stated in offer letter: Bangalore or Delhi or Noida?

 

Sir,, Send a notice claiming your full and final settlement amount ...... Regards Kapil Chandna Adv 9899011450

Hello Sir,

Kindly find the details 

The offer letter issued to you was for 'Employment' or as 'Contractor'? Contractual Employee

The amounts paid to you were 'Salary' or 'Consultancy Fee'? Salary

Was any salary slip,Form16,PF number/a/c slips,ESIC card,I.Card issued to you? Salary Slip I Card Available other documnets not eligible.

How was relationship severed after completion of 1st project/9 months : By termination Letter/resignation? Mail/Telephone Communication

The salary/compensation/consultancy fee/etc was paid thru same a/c of same company (or personal a/c)  in your same a/c  or was there any change? No Change

What is the jurisdiction of courts stated in offer letter: Bangalore or Delhi or Noida? Noida, Uttar Pradesh 201301

Contractual Employee

Salary

Salry Slip/ Icard (Rest Not eligible/ Not Provided)

Mail/Telephone

Need To Verify

Noida, Uttar Pradesh 201301

 

Best Regards,

Praveen

Kapil Sir Thanks for reply. 

You have posted that:

"What is the jurisdiction of courts stated in offer letter: Bangalore or Delhi or Noida? Noida, Uttar Pradesh 201301

 

The company may scream that you can't agitate at Bangalore, cite Specific Releif Act and contract of personal service can't be enforced in court of law.

However there might be possibilities to claim Employer-Employee Relationship and to agitate at Bangalore.

 

Before a notice is issued ...................You should spend quality time with your counsel, show all docs on record,give inputs, understand the merits and remedies and proceed further under expert advise of your Labor Law Consultant/Service Matters Lawyer.Your counsel can help you to build favorable written record before you initiate legal steps. 

As rightly observed by expert Mr. Kumar Doab, the employer-employee relationship is hardly established or you will not be able to prove that because it appears to be a contractual assignment. However, as per the agreed terms, the contractor or the so called employer is liable to fulfill the conditions of contract (employment ?) , he cannot withhold the amount due to be paid to you on termination, you may, as suggested, consult a local labor law practicing lawyer and on his advise, first issue a legal notice demanding your dues and then process the next steps.

Dear Sir / Madam,

My self worked with M/s. Lanco Infratech Limited, Gurgaon and left them during Dec 2013 and over period of 1-3/4 year gone the company has not settled my full and final settlement.

I am one among 1000+ employees whom we are waiting for our full and final settlement. 

We approached the top management of Lanco Infratech Limited and big silence is the only answer.

Please how to go about further. Can I serve notice through Court?

� Big silence is with belief that limitation of 3Y may expire...... You have already let 1-3/4 expire. If company has no paid salary it might have defaulted on PF,ESIC,TDS etc....... The company is liable to provide acknowledgment/acceptance of notice/resignation, salary slip of all months showing deduction of PF/ESIC and PF number,Correct FnF statement (showing computation of salary/leave encashment/bonus/..............etc),Form16 as per correct FnF statement,service certificate,Relieving letter,NOC/NDC, ESIC card,PF a/c slips of all years......etc� �Demand for MD,Chairman .... .everything to be supplied thru Redg. Post only �The complaint can be lodged thru/with : Labor Law Consultant/Service Matters Lawyer/Law firm Employee's/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc... Inspector appointed under: Payment of Wages Act, Shops & Establishments Act O/O labor commissioner � RPFC � ESIC jurisdictional Office ITO-TDS where you file ITR and CIT-TDS where company files ITR and your lawyer may opine that complaint u/s 406,420 ..............and winding up petition can be filed.