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Paresh Bhadra   19 May 2018

Company hasn't paid full and final settlement

Dear Concerned,
I had re-joined the company in June 2015, while joining , in the offer letter it was mentioned that I have to serve a 3 month notice period in case I resigned,

when I resigned in August 2017, I had a discussion with my boss about the resignation and i had also requested him to relieve me early.

he accepted me to relieve in months time if he finds a suitable replacement and hand over is done properly.

this was put on mail too.

a replacement was found and handover was done with handover received signature on paper (scan copy with me on mail)

but after I left , the company is yet to give me my full and final settlement
the CEO in India says that the owners have asked him to put my settlement on hold so
I tried to call the owners in Dubai a lot of times but he didn't pick my call.

kindly advise as it's more than 8 months I am waiting for the settlement.

Regards,
Paresh
9821776700


Learning

 7 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     19 May 2018

You can approach Industrial Court / Labour Court and file suit for your final settlement. Appoint Labour court expert advocate.

Paresh Bhadra   19 May 2018

can you help me with an expert

Paresh Bhadra   19 May 2018

also can you give me a hindsight on the chargea

Kumar Doab (FIN)     19 May 2018

The said email is sufficient to claim waiver off notice period/pay for shortfall in notice period?

Did you ask in writing to waive off the notice period/pay and relieve in 1 month?

Did you tender full notice period of 90days or 30days? Do you have the copies?

Did CEO/establishment state in writing that your FnF settlement is on hold for reason……?

Have you communicated FnF amounts under various heads that are to be paid to you?

Has establishment agreed or disagreed in writing to your version on FnF?

Kumar Doab (FIN)     19 May 2018

 

While posting such queries employee should post basic information!

What is this establishment; GOvt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

Kumar Doab (FIN)     19 May 2018

Your response to all points can help you to understand the forums that you can approach.

 

Notice period/pay is part of service conditions that are governed by various enactments applicable to establishment/employer/employee.

The 90days notice period may not be necessarily applicable in your case.

 

Paresh Bhadra   19 May 2018

The said email is sufficient to claim waiver off notice period/pay for shortfall in notice period? CEO has mentioned that he approves the resignation subject to suitable replacement.

Did you ask in writing to waive off the notice period/pay and relieve in 1 month? i asked for early relive and he said that subject to suitable replacement and proper handover which was done

Did you tender full notice period of 90days or 30days? Do you have the copies? i have served 30 days and have mailed everyone on the last day

Did CEO/establishment state in writing that your FnF settlement is on hold for reason……?no it was verbal

Have you communicated FnF amounts under various heads that are to be paid to you? no i haven't

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