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Kapil Kumar Lath (Student)     24 September 2014

Final settlement

Hi,

My name is kapil Kumar Lath, was working for First Advantage Offshore Services Private Limited. Last working day was 28th june 2014.

The HR said that within 45 days my full and final settlement will be done, but till date nothing has been done. I have been calling them from last three weeks and not getting any clear information just they are prosponding saying that nex week. Even I had convesation with my manager, Hr Assistant manager, they are making fool of me. I dont understand what should i do regarding my final settlement.

 

Suggest me what should i do regarding the same.

Regards

Kapil



Learning

 1 Replies

Kumar Doab (FIN)     24 September 2014

The wages/salary has to be paid on due date as stipulated in various enactments applicable to the establishment. No private/internal policy of the employer can supersede and enactment/statue/instrument of law.
 

The employee can lodge a complaint the moment his earned wages are delayed even by a day and employer can be penalized.
 

Even the FnF wages are to be paid on last day in office/within say next 3 days/max. by usual pay day.
 

Approach your Labor Law Consultant/Service Lawyer AS AP with all docs on record and proceed under expert advice of your lawyer.



The options are:


--Lodge complaint with Inspector under Payment of wages Act if your wages were upto Rs.18000/pm as per def. of wages in this Act. 

--Lodge complaint with Inspector under ( Name of your state)  Shops and Commercial Establishments Act if you are cover by the def. of employee in this Act.
 

One of the job of the Inspector is to ensure that FnF wages of employee are paid in time.

--Lodge complaint with O/O Labor Commissioner if you are covered as 'Workman' as in ID Act

--approach civil courts

lodge complaint under u/s 406,420......................file for winding up petition.

--approach employee's unions, trade unions and put pressure................



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