Full & final settlement not done by employer

Dear Sathisha,

If the company have given you the AO, pls check the notice period for your job.

Once the notice of resignation is served, they you are eligible for salary and other benefits till the last day working in the company.

Gratuity is applicable to every establishment whether proprietorship or partnership or limited company where in 10 or more employees are employed or were employed on any day of the preceding 12 months. If this condition is satisfied, you are eligible for gratuity if you have completed 5 years of service in the establishment. Apart from this, you are eligible for PF if your establishment is covered under the Act.

You can approach the Asst. Labour Officer in your area/circle or meet District Labour Officer who will direct you to ALO for claiming the dues. However before meeting any labour authorities, make necessary efforts directly with the establishment and create records showing they are deliberately holding your dues.

Regards,

arlkrishna 

Mr. Krishna has given valuable advice. Kindly follow it.

You have posted that the Notice period was extended as per request of the management. Hope the extension has been in writing and you have the copies to establish the same. Employer should pay the wages on last day in office or within next 2 days. Moreover in your management requested the extension and had enough time to prepare the FNF statement and disburse the FNF settlement amount which should include bonus, leave encashment, gratuity, salary, allowances etc.

You may submit a written representation by letter under acknowledgment thru redg. post addressed to your appointing authority, Managing Partner, partner stating that management 9Mr/Ms.........designation/dept...........address..............on dated...................requested for extension of notice period up to............dated.........and you had cooperated with the management. Although management had sufficient time to prepare and supply you the FNF statement and payment of your dues on last day in office your dues which include (give details e.g. bonus, leave encashment, gratuity, salary, allowances etc.) have not been paid till date despite your unlimited number of representations  ( mention detail). Good offices are requested to supply you the payment of dues by bank DD only, thru redg. spot only so as to reach you in next say........7 days.

If the management does not grant any relief you may lodge a grievance with O/o labor commissioner. You can lodge your claim of gratuirty with Controlling authority (O/o labor commissioner) in form I.

 

Hi,

I was employed in a an organisation from 11th July 2011 - 07th November 2011.  I submiited my resignation to the organization via company email on 5th October 2011 giving the organisation a 32 days notice.

My Employment contracted stated a notice period of 90 days though i was in probation while i submitted my resignation.  The organisation has not done my Full & Final settlement and refused to provide a Relieving Certificate as i did not seve a 90 days notice period. They haven't provided me Form- 16 not are they giving me my PF number details.  My last drawn salary from the organisation was on October 31st 2011 whereas my last working day was 07th November 2011 bu i did not receive any salary for 7 days worked in November.

Eventually i found out in my 26AS Tax Statement online that the orgnisation has deposited the Tax Ddeducted from my salary in to Income Tax Department and also stated that they paod me last 7 days salary for November.  To  my surprise i never received this salary which is reflecting on the Income Tax Portal.

Can i go ahead and take a legal action against this organisation?  To me it appears illegal that they say they have paid me an taxed me on the salary which i never received.

Let me know your thoughts.

Thanks

@ Ekta Singh,

Kindly always a start a new thread.

It is felt that you may give an opportunity to the company before you proceed legally and thus you shall save yourself also from litigation. Did you submit notice of resignation by letter subsequent to your email? Has the company acknowledged the receipt of your email and accepted your resignation? As per your calculations, are there any amounts due to be paid to you after adjusting the notice pay? Company might have done FNF and might not be supplying you the FNF statement as per their internal policy, instructions from superiors who have processed your notice of resignation.

You may submit a  representation in gentle tone ( by letter thru Redg/speed post followed by email mentioning Redg/speed post number and attaching screenshot of POD) addressed to good offices of your appointing authority, MD/CEO/Chairman, Company Secretary, with a copy to Head-HR mentioning that you have  submitted your notice of resignation by email dated 5th October 2011 followed by letter dated...........self attested copies of which are enclosed herewith and that you have  tendered a reasonably long notice period of 32 days sufficient to designate an employee to take charge from you which may any employee or your reporting authority or HOD, completed all tasks on hand, and represented to your superiors that as per clause number .......of appointment letter dated ......issued to you, company may adjust notice pay in your FNF statement and should supply you the  FNF statement, payment of FNF dues payable to you by Bank DD, Form 16 ( which is usually supplied in May/June), PF number/accumulation reports/attested copies of PF withdrawal-transfer forms, work experience/service certificate, relieving letter, last salary slip, acknowledgment of your notice of resignation, acceptance of resignation, acknowledgment of handing over the company property/handing over the charge, copy of certified standing orders of the company and employee rule book of service rules which has not been ever supplied to you, all of these on your last day in the office i.e. dated............  . Despite your representations dated................by phone/email/in person/by letter to Mr/Ms..........designation, department, address none of the payments/documents which are legitimately to be supplied by company to you and mentioned above have not been supplied to you till date. Even the PF number which has not been supplied to you during the course of your employment is not being supplied to you even after your have left the services on dated.......despite your representations. You are requesting the good offices to intervene and supply you the payments by bank DD only and all documents mentioned above along with your PF number in writing and supply the payment and documents by redg/speed post only, so as to reach you in next say 7 days. A self addressed postage prepaid envelope for sending redg/speed post to you is enclosed herewith.

If good offices do not grant any relief you have the option of:

--lodging a complaint with CIT-TDS at your location and jurisdictional CIT-TDS where company files the return.

--RPFC for non issuance of PF number. You shall need to provide proof of delivery of your representations to company.

--O/o Labor commissioner at your location.

--Approaching your lawyer and your lawyer may prefer to issue a legal notice.

You may obtain SE act applicable to your state and relate the conditions of your appointment. If situation arises you may find it useful.

Dear Experts.

Thanks for the valuable suggestions. 

Regards

Sathisha

Dear Experts,

I had worked as contract employee at techmahindra under the payrol of xxx company i was resigned my payrol company before 30 days  and got relaese on 17th April 2015 (i.e actual notice period is 20 days only) my payrol comapny provided all relieving and service certificates and all but they are not giving my march and 15 days april months salary

Whenever am asking about salary ,they are saying that techmahindra not paying 15 days april month salary  and saying will pay on next week and next wek so..,now its round 70 days

At the time of joing they have told that they give salary on 7th of very month its mensioned in offer letter as well but i was getting salary on 10th or 12th or 15 th instead of 7th

For march 2014 to march 2015, am not getting form-16 as well they are saying this mont ending will get form-16

And for pf they are deducting every month but when i have seen in pf portal its updated only on two months only rest they are not updating

i have dropped mails for multiple times but they are replied like next week ...

Kindly suggest me what kind of action need to be taken on my payrol one

Thanks

Balanjaneyulu

 

 

 

 

 

 

@ Balanjaneyulu,

 You can approach:

 IT/ITeS employee’s unions/Trade Unions,

Inspector appointed Payment of Wages Act and also (Name of your state) Shops and Establishments Act

ITO-TDS at your location and jurisdictional CIT-TDS where company files the return.

RPFC

Inspector-ESIC

O/O Labor commissioner

Police u/s 406,420 …………..

High Court with winding up petition

Civil Court with recovery suite

 

Your unions and lawyer can guide you further.

I am an employee of Pvt Ltd company at Bangalore and worked for round full 5 years even not less than single day, meanwhile, I have put an my paper on 18th July 2015 and getting relieved on 18th August 2015.  I have to get Gratuity, Bonus, Leave encashment for 15 days,Salary from 25th July 2015 to 18th August 2015 for 24 days.  I served notice period for 30 days and requested to relieve on 18th August 2015 (This month).  However, so far who ever employees are left, no body has got any settlement and not settled from last three years for any one.  I also may fall on the same role but I do not want.  I worked hard for 5 years rounded with lot of humps jumped and worked with huge pressure.  Now employer may not give the f&f definitely. I am still in company till 18th August 2015, I request kindly tell me, is there any way to get my f&f on last day of leaving and what is the steps I have to use to get.  For any request they never care and bother which happened to many other previous left employees. So, I wish to collect my hardearned money and get out of this company.  Please give us the way to get my F&F, incase NO from employer what should I do, what are the legal way I can follow and which Labour Commissioner office I have to move and what are all sections I have to use.  Request your guidance.  Regards

Gratuity: If employee has decided to retire by resignation then employee can submit FormI 30 days before date of retirement, of course under proper acknowledgment.If Gratuity is not paid within 30days of LWD then employer has to pay interest @10%p.a even if employee has not submitted FormI.

 

If 30 days notice period is to be tendered and you have tendered then it is sufficient for the employer to put his  house in order and arrange to complete all exit fromalities and FnF and provide all relieving related documents and payouts on LWD.

 

In notice of resignation and subsequent communications you may wriite that NO TASKS are epnding at your end and routine duties be assigned that can be completed on daily basis and within and upto LWD i.e dated...................and to whom you should handover the charge within and upto LWD i.e dated................................against acknowledgment on the spot.

 

Leave Encahsment: No. of days/year  and that can be carried forwarded, can not be less than as provided for in Karantaka Shops and Commercial Establishments Act................................however it can be more than the no. of days provided in the Act.

 

 

Bonus: If it is as per Payment of Bonus Act then it has to be paid before 30th Nov or employer can be penalized by o/o Labor Commissioner. Any other Bonus be paid in FnF on LWD.

 

FnF payouts/Salary etc : should be paid on LWD or max. by usual pay day. The employee can lodge a complaint the momment payment of wages is delayed even if by a day and employer can be penalized by say Rs.7500/instance.

 

The authorities that can be approached has already been posted.

 

The higher officials of Dept. of labor Karnataka can be approached.

Their contact details and Trade Unions list is available on website of Dept. of Labor Karnataka.

 

 

 

 

 

 

Hi,

I was an employee in one company but due to some reason they have terminated me so my question is am i eligible to get my settlement or salary from there if yes than what can i do further as i already communicated with HR but got negative response.

Please reply me.

@ Noorie Gurung,

What is the reason for termination? 

Has any termination order been supplied?

Did employer grant opportunity of hearing, natural justice to you, issued any show cause notice before termiantion?

Were you terminated or did you resign? If resigned did you resign by notice or with immediate effect? Were you forced to resign?

 

Did you write to HR?

Did HR reply in writing?

Do you have appointment letter?

What was your designation and nature of duties?

You were in which state?

You have worked for how many months/days?

What is this establishment; GOvt/Private and Commercial or Industrial?

Are you a member of any employee's/trade unions?

 

 

 

Hi, Thanks for your prompt reponse. I have joined that company on 3rd May 2016,2 weeks training that i hit in the floor.They were expecting me to get sales within one week and it was for australian market. I was communicated by HR about termination through call no written email. After getting this news i have spoke with HR about my salary but he gave me negative response saying that they won't pay me. I do have appointment letter. I wad working over there as BDE,my job role was to fix an appointment with australian client over the phone and to get sales. Currently i am in bangalore,Karnataka. And i have worked over there almost 25 daysfrom which i took some leaves due to my health issues.Its a Pvt. Ltd. Company and i am not a part of any trade union. Please tell me what should i do. Looking for your quick response. BR Noorie Gurung

@ Noorie Gurung,

As discussed at length in this thread:

You can Approach your labor Law consultant and your counsel may prefer to issue a legal notice.

 

Employee’s unions/Trade Unions,

 

 

O/o Labor commissioner at your location.

 

Inspector appointed under Payment of Wages Act

Inspector appointed under (Name of your state) Shops and Establishments Act

Police u/s 406,420 …………..

High Court with winding up petition

Civil Court with recovery suite

 

Your unions and lawyer can guide you further.

 

 

Salary not paid and after resignation Aarvanss infrastructure pvt. Ltd. is not doing F&F

I have worked as DGM in Aarvanss infrastructure pvt.ltd. from 14 Aug 2014 to 30 Apr 2016. I have some pending amount on company having 6.5 mnth Salary Rs. 350000. And some incentive which is Rs. 615000. I have resign because company is not paying from so long, I have mail to HR that I have some pending amount HR reply me that she will tell me after some time when I have talk with Mr. Akhilesh Chauhan (CMD) about my pending amount he reply me on cal that you will get your full amount till 15 Aug 2016 after that he did not pick my call, then after I Call Mr. Anil Chauhan (director) he reply me in call that you will get you money till 30 Aug 2016. But now no one is picking my call. I have mail them many time they did not reply to me today I have mail that if company did not pay me then I will take a legal action then Mr. Anil Chauhan (director) mail me “To puneet There is not your pending amount on company so please no need to mail like this” what I have to do now can I take any legal action if yes then please tell me how.