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Hitesh (Manager)     24 May 2011

Timeline for full and final settlement

I completed all the exit formalities with my previous company. However even after 2 months of leaving, I am yet to receive all my dues from the company.

Everytime I call them they tell me that they will get back within in next few days or else give one or other excuse like someone is on leave, finance team is busy with other issues or error in their system. 

Is there a timeline within which companyies need to settle the dues, if there is no formality pending from my side ?

If the company does not settle the dues in time, can i send them a legal notice ? 

thanks,



Learning

 5 Replies

Kumar Doab (FIN)     24 May 2011

Company should have settled your a/c and paid your earned wages and dues within a reasonable time of 1 month or within 60 days.

You have completed all the exit formalities. Hope you have the copies of exit form, and receipt of company property submitted by you, and NDC.

You have been following up on phone or verbally and the response given to you is verbal.

You should submit a written letter under receipt,addressed to your appointing authority,MD,Company Secretary and mention all of your representations in chronological order, that you represented to Mr.....on dated and he/she stated that .........., however till date your earned wages and dues have not been paid to you therefore their good office is requested to intervene and help you to get your payouts,F&F,form 16,NOC/NDC,experience certificate and meritorious services rendered by you,relieving letter, PF accumulation reports,PF withdrawl/transfer forms etc within 15 days by registered/speed post.You may mention that due to non payment of your wages you are facing financial hardships and require the funds immediatly.You may seek an appointment with them and press for release of your due paymentsand docs.

If you meetr them submit the minutes under receipt.

If this fails you may lodge complaint with local office of labour commissioner.

You can send a legal notice.

shiv (lawyer)     25 May 2011

sent a lawyer notice file a order 37 rule 2 suit[summary suiot]

Hitesh (Manager)     26 May 2011

Thanks Doab and Shiv.

I will send a letter through registered post first and if no response, I will send a legal notice throuh a lawyer.

I will appreciate if you can share contact details of some lawyer ( in Hyderabad ) whom I can approach.

thanks,

h

Kumar Doab (FIN)     26 May 2011

Visit the profile of lawyers who are members/experts of LCI, and see their contact details, or you can visit your lawyer.

V. VASUDEVAN (LEGAL COUNSEL)     28 May 2011

After issue of notice, you can approach the labour department - could be helpful than filing a suit. If no results then go for a suit.

vasudevan


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