Company not giving full and final amount
Sheetal
(Querist) 10 January 2011
This query is : Resolved
Hello all the experts,
My que is regarding the full and final settlment with company once you get resign.
I have resigned from my previous organisation,they have signed the full and final doc,gave me relieving letter,experience letter too but not yet got my full and final amount.
when did enquired about it with HR,they told that my boss has asked to keep it on hold as data handover is not done properly.
What I can do under such circumstances.
My boss is doing it purposely to trouble me.Can I send official notice to the organisation as I have full n final doc+relieving letter+experience letter too.
Devajyoti Barman
(Expert) 10 January 2011
Yes end a notce and ask for release of such dues aspa. If the comoany lingers unnecessarily then you have to file suit for its recovery or criminal case for their punishment.
Kirti Kar Tripathi
(Expert) 10 January 2011
To receive full and final dues including salary, earned leave, bonus, gratuity etc is your legal right. Once an employee has render services, he is entitled for such benefits, the employer has got no right to withhold the same. He can not withheld his gratuity and provident fund in any event. However, other dues can be withheld on the ground of non obtaining no dues from employer. In your present case, it is undisputed that you are entitled for your due , but problem is from where you will get relief. Since you was drawing Rs.31,660 per month as salary and was holding the post of Business Development Manager, you have only remedy to file Civil Suit for recovery of amount due. For which you have three years from the date the amount of salary became due.
Kirti Kar Tripathi
(Expert) 10 January 2011
Further my advice is before taking any legal action you give legal notice in writing.
Amit Minocha
(Expert) 10 January 2011
you can send a legal notice and claim interest for delayed payment also. amitminocha@yahoo.com
malipeddi jaggarao
(Expert) 11 January 2011
The Company has given you relieving letter and experience letter also. This shows it is not interested to give you unnecessary trouble. You can take appointment with them and go there once and find out the querries regarding handing over of the data. If you can finish off this work, I do not think, they will with-hold your terminal dues. Even after this attempt also if they are not releasing the amounts, you can follow the advice of our experts and initiate legal action for exercising your rights.
Akhilesh Kumar
(Expert) 12 January 2011
Hi Sheetal, you have not disclosed when did you left the company.how much time has been passed? what was your notice period? what time you had given to your company in resignation letter?
in your case as you have mentioned above isuee has to decide that whether the
company can withhold your salary or not?
Firstly you have to understand what is full and final letter, as thay have signed and given you relieving letter also. it means and it shows that you have taken all the your dues and also company has discharged you from all the liabilities. full and final settlement has been made between you and company.
Therefore in my opinion you should firstly go through yourall the documents provided by the company, and search if any, there is provisions in this regard.
if all these provisions have been complied by you then you should give Legal notice to your company through an Advocate of your Locality
Suresh Gupta
(Expert) 13 January 2011
i agree with Mr. akhilesh.
