Ajit myla 12 May 2023

Full and final settlement

Dear Sir/Madam,

Regarding the full and final settlement, one of our employees resigned on February 27, 2023, and served a one-month notice period until March 31, 2023. He submitted his resignation letter to the management, but did not receive a reply. However, the management allowed him to work until his last date of working on March 31, 2023. It is unclear whether the company has accepted his resignation indirectly or not, and we would advise seeking clarification from the management on this matter.

Furthermore, he did not hand over his duties to anyone, and the concerned HOD did not inform him to do so. As a result of not handing over his duties, the company is withholding his full and final settlement. Please advise on this matter.

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 12 May 2023

By handing over the duties, you mean to say that he has not handed over the company's assets?

If so, you can issue a notice to him stating taht the company's assets are still held by him and to return them in order to enable the organisation to make the full and final settlement.

Once the managment has received his resignation letter and allowed his request to accommodate his last working day as stated in your query, it is deemed that his resignation has been accepted by the organisation, hence it would be proper for the organisation to pay his F&F settlement , furnish his relieving letter and excperience letter etc.