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vivek arya (TL)     30 December 2013

About fnf

Hi all,

My name is vivek arya, My previous company is not clear my FNF( Full and final) Amount, its more than about 3 months(the company policy is this clear after 45 days), please advice me, what can i do ? what is the legal procedure to get my Full & final Amount.

 

Thanks

vivek arya

 



Learning

 8 Replies

Noman Siddiqui (Lawyer/09099300566)     30 December 2013

Hello Mr. Arya,

You can fill recovery application under Labour Act. You can contact any labour lawyer who can directly file recovery suit... Let me know if you have any specific questions...

Thanks.... 

Kumar Doab (FIN)     30 December 2013

Prior to lodging a formal complaint you may submit a representation addressed to appointing authority, MD and narrate all representations made so far ( by phone: mention phone numbers, names,  by email, fax, letter etc) and brief minutes of discussion and decline to accept any reason for delay and demand that your wages be paid at once by bank DD only to be supplied thru redg. post only along with last month salary slip, FNF statement ( for verification and acceptance), Form 16 as per correct FNF statement, Service certificate, Relieving letter, PF number-a/c slips for whole tenure of employment, ESIC number/card, etc........

 

 

 

If company has defaulted on payment of wages it must have defaulted on PF, ESIC, TDS also..................

 

In case of dispute employee can approach:

 

 

-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , CEO, Chairman, MD in list of noticees............

 

Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................

 

Your lawyer may ask you a set of structured questions and may opine that you are covered.

 

 

-Trade Unions/ Employees Unions: They know precise ways to handle such issues

 

 

-Inspector under Shops and Commercial Establishments Act; 

 

- Inspector under Payment of Wages Act (applicable to all employees drawing wages up to Rs18000/pm as per def. of wages in the Act)

 

-o/o Labor commissioner

 

- RPFC for PF

 

-ESIC Inspector (applicable to all employees drawing wages up to Rs15000/pm as per def. of wages in the Act. Recently it was announced that limit is being enhanced to Rs25000/pm pending notification to this effect. )

 

 

-Civil Court.

 

-ITO-TDS where employee files ITR and jurisdictional CIT-TDS where employer files return.

 

There are threads to indicate that employees can lodge criminal complaint u/s 420, 406……and even to approach employer as creditor treating unpaid wages as debt on employer...........................

If there are other employees also facing same issues all employees may join hands and proceed jointly.

 

 

 

S.QAISAR ALI ADV. (Advocate)     30 December 2013

complete details are required of your appoint in the company  (in question)i,e offer letter,bonds Filled by you,Releaving by coy. etc.How much money is to recovered.

Sudhir Kumar, Advocate (Advocate)     31 December 2013

nothing more to add

vivek arya (TL)     31 December 2013

Thanks all for your suggestion,

Hi Noman, recovery application is online or not, if it is online please send the Link

vivek arya (TL)     01 January 2014

Hi all,

please send me the labor court address in Noida, UP

 

Thanks 

vivek arya

S.QAISAR ALI ADV. (Advocate)     12 January 2014

wantind details are still awaited.

S.QAISAR ALI ADV. (Advocate)     12 January 2014

wantind details are still awaited.


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