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Anony K (Consultant)     05 March 2012

Full & final settlement (f&f) not paid

Hello Lawyers!

I have resigned from my organization 2.5 months ago after serving the full 3 month notice period, but have not yet received my complete full and final settlement. Last week I got my last month's salary. But I have a bonus payment and leaves payment which is still pending. Despite having written to HR repeatedly, I am getting no responses.

Where does this situation fall under from a legal standpoint? What are my rights at this point?

Thanks!



Learning

 4 Replies

M.Sheik Mohammed Ali (advocate)     05 March 2012

either you can send a  mail to highter officer, or district labour officer. or send legal notice to them.

Kumar Doab (FIN)     05 March 2012

If company has:

-not supplied the FNF statement, lodge your protest in writing and demand it.

-if company has supplied the FNF statement and has not included leave encashment, reject to accept the FNF statement and declare the statement is not correct. Demand bonus payment if applicable to you.

-if company is making part payments of amounts expressed in FNF statement lodge your protest in writing under acknowledgment.

You can also submit a letter for all pending receivables as per your record and ask the company to acknowledge receipt and confirm the amounts as per their record and supply the payment by bank DD only thru redg post/speed post only?

Has the company supplied any communication for non payment/delay in payment?

Anony K (Consultant)     06 March 2012

Hi Kumar,

Thanks for the detailed reply!

I did not know there was such a thing as an FNF statement. Is it the same as an experience certificate? 

Till now I have only received my experience letter and my last month's salary, nothing else.

I have sent 5-6 emails and have made one phone call inquiring about my bonus payment, but have received no firm answers. Even when I ask the company to confirm the amount they always say that the system is not available or some other excuse. The company has not given me any communication regarding non payment / delay in payment. 

Kumar Doab (FIN)     06 March 2012

You may submit  thru redg/speed post, a gentle representation in writing by letter ( covering all representations made by you so far date wise by email/phone/letter etc) addressed to good offices of your appointing authority, MD/CEO, Head-HR to supply you by redg/speed post only, within say next 15 days:

-acknowledgment of notice of resignation and resignation separately and  accpetance of resignation.

-FNF ( Full and Final ) statement on letterhead of the comapny under original seal and signature of competent employee.

-Work experience/service certificate ( which you have mentioned as received).
-Relieving letter.

-Bonus.

-Form 16, PF number,PF accumulation reports/withdrawal-transfer forms. It shall be better if you transfer the PF to new employer.If you keep you a/c regular for 10 years you shall be eligible for pension.If you withdraw you shall loose from  pension component.

www.epfindia.gov.in,www.epfindia.com

-acknowledgment of company property submitted by you, if any.

-NOC/NDC.

-payment of your dues by bank DD only thru redg/speed post only. Employer should pay the wages of employee on last day in office/within next 2 days.

If the comapny does not provide relief you can approach o/o Labor Commissioner/wages inspector or your lawyer.

 

 


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