raj (AVP) 12 March 2012

Need advice on full and final settlement being delayed

Hi All

I need your valuable advice on my F&F which is due from my company.A brief background to help:

- I resigned from my company three months back i.e. in december 2011.

-I resigned as i was not comfortable taking up a posting in a different city and plus my immediate boss has left and i was not comfortable under the new boss.

-I was told my F&F would be done in 45 days but now 90 days are over and i have been following up from the last one month and I am being told that the cheque is read for dispatch but getting delayed due to varied reasons( signatory not there, holidays came etc)

-None of my emails have been replied to by the HR head but after umpteen tries i do get him on line and the answer is invariably that the cheque would be despatched in couple of days.

-how do i get this settlement done from the company?

-I never had any disputed/bad blood with anyone during my tenure in the company and hence was thinking if it could be done apart from going legally.

-Now I am running out of patience and would like to know if it helps going ot the labout court/civil court?

- i would really like to know if the labour and civil notices would have any impact on the company or would they say you go ahead and we would see you in court?

I worked as a AVP in athisstock broking company in bangalore for a year.

Please share your thoughts.

Thanks in anticiation.

Reply Follow

1 Replies

Kumar Doab (FIN) 12 March 2012

A smart employee shall not get instigated and shall act with balanced mind and adopt balanced approach.

Employee should always record such statements/situations (audio/visual). It helps and can be used at appropriate time in appropriate forum.

If you have on record the statement of the HR personnel you can turn the situation as tough for him/her. Maintain copies of the bills of phone calls.

For FNF settlement/statement/payment submit a gentle representation to good offices of appointing authority, MD, Head-HR and demand payment by bank DD only, along with statement thru redg post only so as to reach in say next 7 days and mention that self addressed redg post cover ( as obtained from Post Office) is enclosed. Narrate all representations made so far by phone/email/ letters/in person along with phone number date and name/designation/dept of company employee, approached by you. Demand an interview between dates from ……………to……….in person if you are in the same city or thru video conferencing, or thru web or thru teleconferencing. Do not forget to place everything on record.

The unscrupulous employers in the market or their HR personnel employ many tactics like cheque is ready/have been dispatched/ shall be dispatched and even cheque was returned undelivered, and produce the cheque in court. Insist on Bank DD and redg. post.

If nothing works you may approach a competent and experienced service lawyer at your location in person with all records and your lawyer looking your profile may issue legal notice/demand notice and choose the appropriate forum e.g. O/o Labor Commissioner/Wages Inspector, SE Act, Civil Court.