Fnf clearance from previous organization
Mine
(Querist) 15 May 2013
This query is : Resolved
Hi
I had left an organization after working there for around 2 years & 7 months in October,2010. I still have not received my dues from them.I am following up with them & everytime they give me the period of 2 months but nothing happens even after that. Now that company has split into 2 & as per my knowledge their financial condition is not good. I am sending continuous emails to them & they dont even reply after 4-5 emails. Please suggest me a solution for getting my dues back. Thank You!
ajay sethi
(Expert) 15 May 2013
since continous emails have not worked the only option is to issue legal notice to the organisation to clear your dues
Mine
(Querist) 15 May 2013
Thank you for the reply. I wanted to get some more insight into the legal process that I should follow to get it done. Can you please give some information on it.
ajay sethi
(Expert) 15 May 2013
contact a local lawyer . give him deatiled particulars of your dues . he will do the needful . if inspite of notice payment not received you will have to file suit for recovery of your dues
Rajeev Kumar
(Expert) 15 May 2013
Contact a local lawyer with details of your dues and he will send the legal notice to them. If after the issuance of legal notice your dues is remain unpaid then file a recovery suit for the payment of your dues.
Mine
(Querist) 16 May 2013
Thank you both for helping me. Can you please give me details of some good lawyers in Noida region.
Kumar Doab
(Expert) 19 May 2013
The experts have given valuable advice. Follow it.
It is felt that the limitation period to lodge claim is 3 years.
You have spent almost 2.5 years in sending emails.
The time for payment of FNF dues is usual pay day.
Company should have supplied acceptance of resignation, service/work experience certificate, relieving letter, acknowledgment of handover of charge, PF number/PF account slips/ attested copies of PF forms, correct FNF statement, Form 16 as per correct FNF statement on last day in office.
In addition to the Industrial Disputes Act, 1947, states also provide for compliance's under the Shops & Establishment Acts, Standard Standing Orders Act……. If the employee falls within the definition under these enactments, then he would be protected, up to that extent.
e.g.;
-----Delhi Shops & Establishment Act:
37. Powers and duties of the Inspector:
(b) Duties of the Inspector:
(i) that in dispensing with the services of an employee the provision of the Act and Rules
have been complied with and no dues payable under the Act or Rules have been
Withheld;
{You may approach the Inspector for relief.}
-----The designation alone does not decide employee is a workman or not.
Your lawyer may ask you a set of structured questions and may opine that you fall within the category of workman.
You may go thru the standing orders of the company/model standing orders:
13. Termination of employment.-- (3) Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
------THE PAYMENT OF WAGES ACT, 1936
{Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act}
2. Definitions:
3*[(vi) "wages" means…………..
(d) any sum which by reason of the termination of employment of the person employed
is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;
You may approach a competent and experienced labor consultant/service lawyer as ap, show all documents, give in person and proceed under expert advice of your lawyer.
You may also approach some senior trade union leaders, community leaders also. They know the precise and effective ways to drill sense into the heads of such personnel and employers.
You can conduct lawyer search at LCI at:
http://www.lawyersclubindia.com/lawyers_search/#.UZjzG6KAqWM
Mine
(Querist) 20 May 2013
Thank you everybody for your response. But since I am so nerdy in these legal things. Please suggest me a good lawyer with whom I may talk.You may email me your response @ uunknown278@gmail.com
