Pending dues for more than 09 months
Mangesh Ghogale
(Querist) 16 February 2016
This query is : Resolved
Dear Sir,
I left my last Organization in May 2015 with proper handing over of my job responsibilities to my successor. Cleared all formalities and was relieved officially by my last organization where I served for around 7 years. It is a Diversified National conglomerate of India. They paid my Gratuity and PF was credited with PF Organization. However as on date I am still not paid with my Full and final settlement amount which is in six digits.
Can you Please advice how to deal this situation as I need my hard-earned money at the earliest.
Thanks & regards,
Mangesh
Kumar Doab
(Expert) 16 February 2016
Submit final gentle representation addressed to good offices of appointing authority,MD,Chairman and narrate all previous representations (in person/by phone/email etc.................and mention dates/names/brief minutes)and demand to supply the correct FnF statement, and correct FnF dues by bank DD thru Redg. Post so as to reach you in say next 7 days.........
Hope you have received the PF a/c slips of each year, and Notice of Determination of Gratuity, service certificate,relieving letter,Form16,acceptance of resignation,acknowledgment of handover of charge.................NOC/NDC etc
According to your own assessment why the employer is not paying your FnF dues?
What was your designation and nature of duties?
Guest
(Expert) 16 February 2016
What are the constituents of your full & final, which you desire to get?
Applications may have to be addressed to different authorities for different nature of your f&f, as per the nature of your claims.
So, what types of the claims you still have to get from your organization?
Mangesh Ghogale
(Querist) 16 February 2016
Dear Sir,
My employer says they are in financial crisis.
As I said my PF is settled, service certificate , relieving letter is given, Gratuity is paid.
My Full & Final statement had come 08 Months back with a e-mail commitment of settling dues by November 2015.
After verbal follow ups on Telephone they made a part payment of 25% of total dues in December 2015.
still 75% amount is unpaid.
Mangesh Ghogale
(Querist) 16 February 2016
The full & final statement is verified by me and the same was confirmed to them.
Guest
(Expert) 16 February 2016
If you say, "my PF is settled, service certificate , relieving letter is given, Gratuity is paid," what else remains to be paid?
rajagopal.s
(Expert) 16 February 2016
Hi
Are you expecting any notice period or tenure based severance or stock options to be settled by your employer upon your exit ? Are these part of your employment contract or part of exit agreement? If these are part of your employment contract or exit agreement, then you may claim them by filing a civil suit for specific performance of contract.
Kumar Doab
(Expert) 16 February 2016
You have not replied to all points!
e.g: "What was your designation and nature of duties?"
You may carefully go thru all posts and reply to all points.
Rajendra K Goyal
(Expert) 17 February 2016
Send registered notice for payment.
Meanwhile reply the questions from expert Kumar Doab for further guidance.
Mangesh Ghogale
(Querist) 17 February 2016
Dear Sirs,
My designation was Joint General Manager.
My Job Profile was Tendering & Estimation.
There was no stock options etc was offered as a part of employment contract / appointment letter.
As asked by Shri. Dhingra, yes my only due now is Full & final settlement which includes my one month ( Last Month) salary, my reimbursements & accumulated leave payment as per company policy.
Also Performance Bonus for the period of FY 2014-15 which is recently announced by them.
All together it amounts to 6 digit INR.
Pl. advice whether shall I shoot an email to Top Management of that organization mentioning 14 Days period to settle my dues or shall send Registered Notice for Payment.
thanks.
Kumar Doab
(Expert) 17 February 2016
Submit a final representation addressed to good offices as already suggested and make them a party.
Thereafter you may approach your able counsel and approach the appropriate forum under expert guidance of your counsel.
