Full and final

If your manager has accepted your resignation with 1 month's notice period, and if you have served one month, then you do not require to pay for any notice period. Your letter of appointment/ offer letter need to be looked into for the purpose of buying of the notice period. 

Thanks Rites!!! Now my HR manager is stating that my fnf has been adjusted against the recovery for 2 months notice period And I am not eligible for it. Can I take legal action since I have acceptance of my reporting manager. Regards, Noel

First of all, please note than any kind of verbal communication in not tenable in the eye of law. 

You have the acceptance of serving one month's notice period from the manager in writing.

Did your manager said said that your "fnf has been adjusted against the recovery for 2 months notice period And I am not eligible for it" in writing? Whether yes or not, you can sure send a legal notice. 

Please consult a lawyer with all your documents so that a proper notice (whether legal or from your end) can be sent at the earliest. 

No.. On the the acceptance reporting Manager did not said this...after 3 months when I asked them about fnf that time they said it has been adjusted against the recovery of 2 Months. They did not informed me during my working period. As per legal point of view am I eligible for my FNF? Thank you

No.. On the the acceptance reporting Manager did not said this...after 3 months when I asked them about fnf that time they said it has been adjusted against the recovery of 2 Months. They did not informed me during my working period. As per legal point of view am I eligible for my FNF? Thank you

One of your fellow employees have posted that he has resolved his issues with the help of unions at:

 

https://www.lawyersclubindia.com/forum/Not-getting-relieving-letter-even-after-serving-notice-perio-137291.asp

 

You may also go thru:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=45218&offset=4

 

 

Be properly informed and handle the matter properly.

You can also succeed.

 

You may post pointwise reply to all points asked in above mentioned threads.

It might be possible in your case that 90 days notice period is not applicable in your case.

Originally posted by : Noel
	No.. On the the acceptance reporting Manager did not said this...after 3 months when I asked them about fnf that time they said it has been adjusted against the recovery of 2 Months. They did not informed me during my working period. As per legal point of view am I eligible for my FNF? Thank you

Prima facie it seems that you are eligible for full and final settlment and now what and how much has been deducted or adjusted has been be seen clearly. For that consult a lawyer with all available documents. 

Hello!! I got reply from HR that they had accepted my resignation of one month notice period and he said that we have not mentioned 2 Month notice period is waived off.. there for I am not eligible for FNF according hr Can I take legal action on this as nothing was mentioned on my acceptance...they just agreed and accepted my notice period..can I claim my FNF.

Hello!! I got reply from HR that they had accepted my resignation of one month notice period and he said that we have not mentioned 2 Month notice period is waived off.. there for I am not eligible for FNF according hr Can I take legal action on this as nothing was mentioned on my acceptance...they just agreed and accepted my notice period..can I claim my FNF.

You are repeating the query e.g at;

 

https://www.lawyersclubindia.com/forum/Not-getting-relieving-letter-even-after-serving-notice-perio-137291.asp

 

1. You have posted that you are aware that notice period applicable to you is 30days although notice period inserted in appointment letter is 90days.

I have been posting in almost threads that T&C inserted by employer in any private agreement and signed with employee may not neccessarily be applicable and may be void.

 

2. You may ask the HR personnel to supply you the acknowledged copy of notice, final resignation , FnF statement showing computation of earned wages/bonus/leave encashment/incentives/OT/reimbursements/ etc and adjustment of correct notice pay and final payable amounts..................., FnF dues payment, Form16 as per correct FnF statement, NOC/NDC, handover of charge/assets, service certificate,relieving letter etc..............

 

3. IN the following thread I have asked the querist to reply to many points.

You may also reply to same points for further response. 

 

 

 

 

Thanks Kumar Sir!! Company is based in Mumbai Having 150+ employees I was working in the marketing department HR has send the computation of Fnf which as below payable is Rs 47050/- ( including 1 month salary and leave encashment) Total deduction - Pf 1339/- Pt - Rs 475/- Notice pay recovered Rs 65682/- ( as mentioned in appointment letter notice period is 3 months) Total recovery - rs 20455 ( which they have waived off) Net payable - 0 ( adjusted against recovery) Query 1. Can I legally claim my payable amount in this situation? 2. HR personnel said " we have not mentioned 2 months notice is waived off in acceptance there for we will recover amount from fnf. But I have clearly mentioned my last date of working in resignation which was accepted by reporting Manager and even HR was into the loop and he did not even object. Is it considered as deemed to be waived of 2 Months notice period. 3. What steps should I take to claim my payable amount Please help Thanks a ton!!

Hello, Labour commissioner had told them to pay my salary but management is not ready to pay because in appointment letter notice period was 3 months ( they are ignoring the fact that they had agreed and accepted 1 month notice period in writing) and now management wants to put this in the court..please guide what to do coz I cannot afford to pay lawyer and also cant afford to loose money. Thank you!!!