Full and final amount

Who has framed the rule and policy to pay the FNF dues/wages after 90 days?

Is it stated in writing?

Who has conveyed this policy/decision to you and was it in writing or do you have it on record?

You have given very long rope to this employer and you should extract your dues before the company is closed. 

The admission even if by email is admission of ‘debt’ and your lawyer may opine that you can even proceed to approach the company as a Creditor treating unpaid wages as a debt on employer.

Employees have been contemplating to complaints u/s 406,420……………

you may approach a competent and experienced labor consultant/service lawyer with copies of job advt, job application, interview call letter, selection letter, offer letter appointment letter, HR policy/service rules and regulation/all policies referred to and mentioned in appointment letter, standing orders applicable to the establishment (Model/Certified) and extended to your designation, ………………………………..show all records and give inputs in person.

Your lawyer may opine that you are covered as ‘Workman’ as in ID Act and as ‘Employee’ as in Shops and Commercial Establishments Act

……………………….. 
Designation alone does not decide employee shall be covered by these enactments or not. YOU may be eligible to lodge claim under Payment of Wages Act also.
If your lawyer opines that you are not covered then you can approach civil court also for recovery.

If employer defaults on wages then it might have defaulted on PF,ESIC, TDS, Contribution for insurance, Gratuity etc too………………………….
Employee can approach:

>>>Inspector under Payment of Wages Act; Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the act……………………………….within 1 year.

Salary slip to all employees duly signed by both employer and employee should be issued. Demand salary slip(s) of all months.

You may refer to: Payment of Wages Act; Sec: 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit requisite Form for recovery of wages.


>>>Inspector under (Name of your state) Shops and Commercial Establishments Act :
One of the duties of the Inspector is to ensure that wages are paid on time and FNF of separated employee is also done properly and in time.

>>> O/o Labor Commissioner;
The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under UP Shops and Commercial Establishments Act…………………………..however you may lodge complaints mentioning the enactments separately.


----Employees Unions e. They may help you.

--- Trade Unions.
----RPFC thru nearest PF office. 
Does the company supply PF number, PF a/c slips for each year/or E Passbook? It has to.

----ESTC Inspector in jurisdictional ESTC office………….
(Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)

--- Form16: ITO; TDS where you file your ITR

CIT-TDS (jurisdictional) where company files ITR

--DLC-Gratuity

----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV

https://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU

Originally posted by : Kumar Doab
	Who has framed the rule and policy to pay the FNF dues/wages after 90 days? Is it stated in writing? Who has conveyed this policy/decision to you and was it in writing or do you have it on record? You have given very long rope to this employer and you should extract your dues before the company is closed.    The admission even if by email is admission of ‘debt’ and your lawyer may opine that you can even proceed to approach the company as a Creditor treating unpaid wages as a debt on employer. Employees have been contemplating to complaints u/s 406,420…………… you may approach a competent and experienced labor consultant/service lawyer with copies of job advt, job application, interview call letter, selection letter, offer letter appointment letter, HR policy/service rules and regulation/all policies referred to and mentioned in appointment letter, standing orders applicable to the establishment (Model/Certified) and extended to your designation, ………………………………..show all records and give inputs in person.   Your lawyer may opine that you are covered as ‘Workman’ as in ID Act and as ‘Employee’ as in Shops and Commercial Establishments Act ………………………..  Designation alone does not decide employee shall be covered by these enactments or not. YOU may be eligible to lodge claim under Payment of Wages Act also. If your lawyer opines that you are not covered then you can approach civil court also for recovery.   If employer defaults on wages then it might have defaulted on PF,ESIC, TDS, Contribution for insurance, Gratuity etc too…………………………. Employee can approach: >>>Inspector under Payment of Wages Act; Applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the act……………………………….within 1 year. Salary slip to all employees duly signed by both employer and employee should be issued. Demand salary slip(s) of all months. You may refer to: Payment of Wages Act; Sec: 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit requisite Form for recovery of wages. >>>Inspector under (Name of your state) Shops and Commercial Establishments Act : One of the duties of the Inspector is to ensure that wages are paid on time and FNF of separated employee is also done properly and in time. >>> O/o Labor Commissioner; The Labor Inspector might also be officiating as Inspector under Payment of Wages Act, Inspector under UP Shops and Commercial Establishments Act…………………………..however you may lodge complaints mentioning the enactments separately. ----Employees Unions e. They may help you. --- Trade Unions. ----RPFC thru nearest PF office.  Does the company supply PF number, PF a/c slips for each year/or E Passbook? It has to. ----ESTC Inspector in jurisdictional ESTC office…………. (Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act) --- Form16: ITO; TDS where you file your ITR CIT-TDS (jurisdictional) where company files ITR --DLC-Gratuity ----Lawyer/Law firm ---Civil Court Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g; https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV   https://www.lawyersclubindia.com/forum/Full-n-final-settlement-100310.asp#.U0AEW0eBmXU

thanking for u r valuable reply

as you mentioned i have my joining letter reliving letter,etc with me but i even called to my X company i getting reply that company has financial crises so not able to pay FNF to any employee who leave company last 10 months i just gettingthis answer what can i do for it

should i take legal action against this 

If i file case against company is their any provision so i cam claim extra money which i spend for case by my X company

Please reply 

It is reiterated that you may contact a local labor consultant/service lawyer in person and your lawyer can opine suitable after examining your documents on record and your inputs.......................and  can advise you on merits.

Your lawyer may opine that Limitation Period applicable in your case is 3 years. 

If you feel that you can handle yourself then you can approach lawful authorities as applicable in your case.........................................or employees unions, trade unions as they can also guide you.

The interest on delayed payment or damages etc are to be granted by lawful authority, court of law and it is their pleasure................................................they can award it.