Full and final settlement period (fnf)

If employee has tendered notice of resigantion then employer also gets sufficient time to ensure completion of exit formalities and FnF.

In that case it is possible to  provide FnF statement/settlement/relieving docs on LWD.

Employer can provide it say within next  3 days.

It should be by the next pay day.

 

 

Gratuity:

If not paid within 30days from LWD interest @10%pa is applicable.

Bonus: Which Bonus?

Is it as per payment of Bonus Act?

 

Refer to other threads by you:

https://www.lawyersclubindia.com/forum/Leave-during-notice-period-in-software-industry-147438.asp

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=147851&offset=1

 

Go thru the enactments.

Payday is mentioned.

Employee can lodge complaint the moment payment of earned/promised wages is delayed even by a day from   fixed/usual pay day.

 

If standing orders are applicable then GO thru;

Model Standing Orders:

In case of termination employer should pay  payouts on LWD.

In that case if employee has tendered notice of resigantion, employer can and should pay by LWD...........................or say with next 3 days or max. by usual pay day.

 

 

 

 

 

 

The statement of HR is verbal or in writing?

 

- Can you please tell me that is it appropriate ? - Can employer hold 15 days or last month salary in FnF along with Gratuity, Bonus and Arrears ? Is it mentioned anywhere in Law ?

Salary is to be paid within 7th-10th of each month. Employer cannot withold any salary for whatever reason. Gratuity is to be paid within a month. What kind of bonus and arrears are you talking about?

 

- Is there any specific period given in Law to give the FnF amount ? and what is that period ? - If employer fails to pay the amount after said period what action I can take and is there any penalty associated with it  ? 

Depending on the nature of dues, you have to appropriate forums and such forum imposes penalty/ interest too.

 

Hi,

1) Regarding Bonus: In my CTC (2 years back) Bonus in mentioned and it is also mentioned that it is applicable to me after 18 Month. As per that now I am eligible but HR said it will be considered in FnF calculation

2) Regarding Arrears : We have yearly appraisal. Last appraisal was delayed by 2 months. So the difference in the salary came as Arrears which is not paid us since last 9 months. As per HR this will also come in FnF calculations.

All these statement by HR is verbal but I have email him all this as Minutes of Meeting of the discussion.

I didn't understood "If standing orders are applicable then GO thru;" what is standing orders ?

"Salary is to be paid within 7th-10th of each month" is there any reference to the law for this ?

Thanks.

One More query,

Our Notice Period is 3 Months, if any employee want to leave before 3 months he needs to BuyOut the period but if employer want to terminate anyone they can terminate him with 5 days notice and they do not Pay the Notice Period amount and they have mentioned this in policy document.

In m case I am ready to serve Notice Period and they want me to relieve 15 days before of the notice period end date.

1) is my company bound to pay me for the remainging period ? 

2) I have remianing leave balance, will that gets encashed ?

Thanks.

Link and reference to: Bombay Shops & Estbs Act has already been provided to you in other threads.

Employer can provide superior benefits than the Act but not inferior.

The notice period/pay, leave etc in line with the Act and offered by employer has already been explained to you in other threads.

Standing Orders: Downlaod from website of Dept. of Labor Maharashtra.

Employee should be aware of these.

If these are applicable then these shall prevail upon any private agreement hat employer has drafted and signed with employee; e.g; Appointment letter/contarct of employment/HR policy etc etc.

Any T&C inserted by employer that is inconsistent with standing order shall be void.

Your IT/ITeS employees/Trade union leaders, counsel specializing in Labor/service matters can guide, help,support  and coach you further.

Bonus; As per Payment of Bonus Act has to be paid as per provisions of the Act.

Any other Bonus in line with contract is promised amount and has to be paid.

Payment of Wages Act also covers any amount that is Bonus. GO thru this Act carefully.

Notice pay: The agreement signed with you is to be carefully gone thru by your counsels. Ideally the notice pay for shortfall in notice period should be paid by your employer.

Leave Encashment: Employer should C/F leave balance and encash at the timemof FnF. For this go thru the Act and sections already provided to you, also.

Arrears: Unpaid arreas are to be paid.

I am sending you some links. Discuss with your own counsels.

Your employer and its HR is not a parallel government and its policies are to be in line with law of the land.

I left a job after serving 1 month of the 2 months notice period. I got a mail from hr regarding terming me as absconding. i have properly resigned and transferred all my job responsibilities properly and i have approval of resignation also.

Can they deny me relieving letter, experience certificate and FnF

Hie I asked my company to give me 15 days off as my mother was hospitalized n she is having cancer. My company without informing or discussion or even call asked me to leave without giving me notice period n said it's not possible to manage work so we will hire new one..and asked to collect my fnf .. Still I didn't raised any issue as I was already going through lot of my personal issue Now after 30 days I mailed for my fnf reminder inreturn they said we will give your Fnf bt after 45 days as today you mailed us or replied us and didn't gave answer to our previous mail.. My ques is what should I do know n is it correct? Do I need to reply for fnf then only the days are counted? After 30 days they want me to wait again for 45 days... Also the termination was not done with my consent..