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Full and final settlement

Querist : Anonymous (Querist) 18 October 2011 This query is : Resolved 
Hello Sir, I was working at GTL limited as an Engineer, through global innov source(i was on global innov source pay roll outsourced)on contract basis. They have not given me the full and final amount(No relieving letter nor experience letter said i'll receive it with F&F). Now its been 4 months. I was in contact with global innov source people but no proper response.
My questions are
1.If i was on contract basis is there any notice period which i should serve? However i had informed them 1 week prior that i would leave. I worked till the last day of the contract(6 months)
2.Is GTL anything to do with my F&F. Should i contact the General Manager of GTL limited or innovsource?
3.Now how many legal days do they have to process my F&F amount?
4.I worked from 27th Dec 2010 to 20th June 2011 can i withdraw my pf?(The working days is less by 7days for 6 months).
Kiran Kumar (Expert) 18 October 2011
your services were governed by the terms of the contract only, no extra burden can be shifted upon you.

you can not be denied of your legal rights as far as your PF is concerned or any other salary amount.

if the things are being denied to you, then seek help of some local lawyer and serve an appropriate legal notice upon the company.
Querist : Anonymous (Querist) 18 October 2011
Thank you Sir for the quick reply.
I want to know against whom should i file a complaint? the company which i worked for "GTL" or for the company which outsourced me "globalinnov source".
Raj Kumar Makkad (Expert) 18 October 2011
Principal employer is also responsible for ensuring payment of wages etc. by contractor so move your petition with both employers.
Sailesh Kumar Shah (Expert) 20 October 2011
Dear Author,

Question.I worked from 27th Dec 2010 to 20th June 2011 can i withdraw my pf?(The working days is less by 7days for 6 months).

Answer: you can't withdraw your pf amount from epfo unless you are not engaged in service with other employer.

Querist : Anonymous (Querist) 29 October 2011
Thank you everyone for the reply.
My one question still remains i.e.
Legally how many days do they have to make my payment?
Also i am a bit on the back foot on filing a complaint. Over that it will be in the court. The location where i worked is about 800Kms away. If i take the help of a lawyer there will be huge charges and my amount is about 10,000 Rs. And will i really benefit from filing a petition? Also i don't even have any proof a few emails from the HR's apart from that nothing. They have not given anything including Experience certificate and for that matter even Relieving letter? Its totally a mess. Any help and good suggestions, i will be very thankful.
ajay sethi (Expert) 29 October 2011
frankly for rs 10,000 it is not worth making the effort of hring a lawyer . your legal fees may be more than said amount
Querist : Anonymous (Querist) 30 December 2011
But 10000 is not a less amount to be let go.
I don't no what to do now Is there any way out.
I have not even received the relieving letter from the company.
What needs to be done now?
Its been around 6 months.
Querist : Anonymous (Querist) 02 January 2012
Hello everyone.
I have decided to file a legal notice into this matter. I request you to guide me regarding to procedure.
I have not sent any letters to the General managers yet regarding my F&F but have contacted them through email.
Are those emails sufficient or i have to send registered post requesting the clearance of my F&F.
If yes how to send it which the correct format and what all details need to be included?
Is it enough that if i send it to the GM or do i need to send it to the HR dept separately as well?
Is there a necessity of a lawyer.
Why cant we by our self send a notice to them?
I cant let it it go.
It has been over 6 months now they have not even provided the releaving letter yet.
What has to be done in that case if they are not even giving the releaving letter?
I had sent my resignation by email for which the GM has not even replied will that be sufficient?
V R SHROFF (Expert) 02 January 2012
IF RESIGNATION NOT YET ACCEPTED, YOU MUS HAVE COMPLETED OVER 6 MONTHS JOB FOR PF

R U MEMBER OF TRADE UNION? THEY WILL HANDLE MATTER FREE OF CHARGE, AND IN UR FAVOUR, AS THEY HAVE POWER TO NEGOTIATE. U MUST HAVE MANAGEMENT WELFARE ASSOCIATION OTHERWISE,

I UNDERSTAND, GOLDEN TOBACCO LIMITED, VILE PARLE Mumbai -56 IS A CO OF REPUTE, AND YOU WILL GET WHAT YOU DESERVE, NO MORE, NO LESS.

Querist : Anonymous (Querist) 02 January 2012
No sir i have no idea about trade union and such thing. Resignation not accepted I don't feel so coz they had sent me the F&F statment which i have signed and sent back. But it is the client company that is not making the payment. I also know that they are presently working under loss as the article suggests.
http://articles.timesofindia.indiatimes.com/2011-12-20/nagpur/30537786_1_power-distribution-franchisees-spanco-limited
What move should i make from your view point.
Should i wait some more days or have i waited too long.
Sir it is Global towers limited


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