shwetha (business) 10 July 2015

Previous employer not giving the f & f money

Dear Sir/Mam,

My previous employer is not clearing my dues for Full & Final settlement in money terms. I was on probation when I left the company, as per their company policy in probation one can leave the company at any time without notice.

I actually had no intension of leaving the job, but the reporting authority (MD) misbehaved me and shouted on me, so I had to leave the job. I gave 5 extra days after my resignation and completed the tasks in my hand, and then left the company. on my last day I took my experience certificate, Salary Slips and no dues signed and sealed and then left the company.

Earlier when I asked for my money they said, as per company policy person leaving in probation period will get F& F after 90days. Now 90days are over and daily i am sending remainder mail but no replies.

instead he sent a mail jotting down, list of my working saying that i did these mistakes in my tenor in my work. I have replied to that mail, with all attachments and proofs stating that there were no errors from my side.

Also, he is giving cheques to people for their F& F settlement and those cheques are getting bounced.

Now in this situation what action I can take to get my money ASAP.

please suggest me what best I can do to get my hard earned money.

regards,

swetha

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1 Replies

Kumar Doab (FIN) 10 July 2015

You may discus the matter with an able Labor Law consultant/Service Matters lawyer/Law firm dealing in labor-service matters

Hope you have mentioned the reason for separation by resignation in notice/resignation/subsequent emails.

The FnF wages are to be paid on LWD,within say next 3 days or max. by usual pay day.

The employee can lodge the complaint the moment his/her earned wages payment is delayed even by a day and employer can be penalized say By Rs7500/instance.

There is law that FnF wages shall be paid after 90 days.

The employer has attempted to claim losses caused by you and you have explained.

The various enactments lay down that wages be paid in cash.

You may go thru:

https://www.lawyersclubindia.com/experts/Regarding-Resignation-under-probation-period-546726.asp#.VZ-0N7V-jMo

https://www.lawyersclubindia.com/forum/Fnf-not-cleared-and-immediate-termination-123459.asp#.VZ-0frV-jMo

The reply to all points in these threads is required to respond better.

HOWEVER, You may demand to supply correct FnF statement (showing computation of earned wages/bonus/OT/leave encashment/reimbursements/incentives etc) and FnF payouts by bank DD, service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC, PF number and a/c slips,ESIC card, salary slip of all months etc………………….

Your counsels may opine that you can approach:

The Inspector appointed under (name of the stae) Shops and Commercial Establishments Act,

Higher officials of Dept. of Labor, (of your state)

Female employee’s/Employee’s/trade Unions e.g. CITU/INTUC/AITUC/BMS etc…………..

O/o Labor Commissioner

RPFC in nearest PF office

Jurisdictional ESIC office

ITO-TDS where you file ITR and CIT-TDS where company files ITR for correct Form16. They won’t agree to amend ITR,Form16 easily, but persist and make them do it and make them bitter taste of your recipe now.

An able Labor Law consultant/Service Matters lawyer/Law firm dealing in labor-service matters

Civil court

File complaint u/s 406,420

File for winding up petition as unpaid wages are debt on employer