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Rishavnath Satapathy (self employed)     30 August 2016

Compensation claim for delayed final settlement

  Hi All, 

I worked for a multinational company. I resigned from job last February. During my last day HR told me within 25 days they will clear final settlement. But after a month I did not received any settlement. On asking them over email HR replied it is 25 working days then again on asking after 15 days they replied it is 25 days after clearance. Basically they tried to avoid the fact that there is a delay from their side. My manager have accepted my resignation and they gave clearance on my last day. Moreover if something is not cleared then I should not have got relieving  letter after 20 days from my last working day. Then I gave them a deadline of a week and they did not cleared the amount.
Because of the delay I could not pay my EMI on time and bank fined me and I faced financial crisis. On April 2016 I approached Deputy labour commissioner with a hand written application, He asked me to come any time with 6 printed copies of complain.

Finally after 2 days of deadline and after 57 days after releaving I got my final settlement.  Then I did not approached to Labour officer immidiatly because I got settlement.
It took 3 month to check if they cleared everything and it took  another 3 month to recover from the financial crisis.

Considering my 7 days deadline as notice and they did not settled within notice can I claim compensation of 10 times as per labour law guide lines ?

Can I approach labour officer again after 6 month ?
What is the success rate of this type of claim ?
I appreciate any expert advice. Thanks in advance.



Learning

 3 Replies

Kumar Doab (FIN)     30 August 2016

It is felt that earned wages should ber paid on due/agreed/fixed date.

FnF wages should be paid on LWD (more so in case of notice) , within say next 3 days or max. by usual pay day.

You want to claim damages.

You should spend some quality time with your able counsel specializing in labor/service matters with all record that you have for a considered opinion.

Rishavnath Satapathy (self employed)     31 August 2016

Hi All,

Thanks My Kumar for the valuable suggestion.

I am based in Bangalore,  Looking for a counsel who has experience in the samilar matter.

Warm Regards

Rishavnath

Kumar Doab (FIN)     31 August 2016

Search option at LCI :

 

https://www.lawyersclubindia.com/lawyers_search/


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