Full And Final Settlement

Rumy (Querist) 30 December 2008 This query is : Resolved
Dear All,

I am working in a firm which is a combination of a recruitment consultancy, SAP Training (Unauthorized) and SAP Project consultancy. The HO is based in Mumbai.

Now I am planning to quit. I have not been paid for the past 3 months as the company is going through a financial turmoil. There are other payments which are over due in kind of incentives.

What I want to know is the when I put in my papers, I would be looking for full and final settlement, but I am positive that the company will not release the payment in one shot whereas I want to finish it in one shot. So if required can I file a legal suite against my company.

1. How it is to be done?
2. Whom shall I approach?
3. What is the procedure?
4. What all documentary proof/evidence shall I have in my possession, before I quit.
5. What should be the standard fees of the legal adviser whom I will engage?

I will appreciate your inputs on this.

Kindly guide me.

Regards,

Rumy

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KamalNayanSaxena (Expert) 30 December 2008
what's your nature of job?

H. S. Thukral (Expert) 31 December 2008
Legally, you have to proceed in civil law by filing a suit for recovery of the amount due. You have to approach a civil court who has juridiction over the matter pecunary as well as territorial. You will be required to prove your claim, i.e. relationship of master and servant, amount due etc. The employer has to maintain documents in regard to employment and it should not be difficult for you to prove your claim. You have to pay court fee on the valuation of your suit which you can find from the table given any legal diary beside lawyer's fee which would depend upon your choice of lawyer.

Rumy (Querist) 31 December 2008
Hi,

Thanks for your inputs.

I am working as an HR Manager here.

The organization is registered as a partnership firm in Mumbai.

Till date I have received an Offer Letter, Appointment Letter and a Conformation Letter.

When I joined this company nothing was in place, no rules no policies, I drafted the leave and incentive policy which is been approved by the management over the mail as well as in black and white also I laid down the other HR practices.

Also I would appreciate if you could tell me if I put in papers within a week, possibilities are that the management would relieve me the next day itself. The problem here is there is a type of incentive which gets due only after 2 months of the candidate`s joining. So what I need to now can I claim it?

Please reply.

Regards,

Rumy