Querry related to full and final settlement.
Bhaskar
(Querist) 25 December 2015
This query is : Resolved
Hi Everyone,
My comapny is not giving my full and final settelement amount as i left the organisation on 9th oct 2015 after serving one month notice period as per company norms and HR said that you will get your full and final amount after 45 days of last date i.e., till 25 nov max, but i havent received the amount. Company's HR is giving meaningless excuses for delay and not giving me the date on which i will get my amount. Need suggestion for that concern.
Thank you
Guest
(Expert) 25 December 2015
Most third rate Indian companies and baniyas behave like that and this includes some famous names too.Since you are not covered under labor commissioner you can simply send a written reminder to managing director first Then after 15 days that a notice. If still not you can prefer a complaint to local court for small cause court . Do you have letter of experience /discharge letter and received copy of your resignation letter with notice period?
Guest
(Expert) 25 December 2015
As regards your reference to HR department. This department in 80% of companies and govt set up is merely time keeping department and to send interview call letters. he he!and the ones to take hit when labor go on strike or violence.These guys roam about without any voice and influence on any supervisor. It is the boss who decides.
Devajyoti Barman
(Expert) 25 December 2015
Well, if you did not fall under the category of white collar labour then you can lodge complaint with local labour commissioner.
Otherwise lodge complaint of cheating and criminal breach of trust against the concerned company official and see how your money reach you soon.
Rajendra K Goyal
(Expert) 25 December 2015
Dr Rajendra K Gupta ji,
Please do no comment on any community or caste.
Rajendra K Goyal
(Expert) 25 December 2015
Send registered Ad notice followed by reminder.
If no action send legal notice.
Guest
(Expert) 25 December 2015
Goyal shahib like you Ia m also Goyal and vaish community. My reference on third rate of baniyas means those who are unprofessional businessmen like small shopkeepers of Late Kanhiya Lal type characters portrayed in Indian Hindi cinema.In India this baniya category constitutes not only people of one community or caste. It consists of jatts, choudharies, kahatris, iyengars, sharmas, guptas, banerjees, burnmans, hegdes, pawars ..... the list is endless.
Dr J C Vashista
(Expert) 25 December 2015
Send a legal notice to your ex-employer and file your application before Labour Commissioner.
Kumar Doab
(Expert) 25 December 2015
Record all calls/meetings (audio/visual/witnessed/minuted).
Usually it is HR personnel that has to prepare and send FnF statement and supply it for acceptance/verification.
Submit a final-gentle, representation under proper acknowledgment,addressed to this HR personnel narrating all previous representations (mention dates/phone numbers/names/designation/address.................brief minutes), cite company's internal/private policy of say 45 days.................) delay, and financial hardships etc faced by you, and demand to supply the acknowledgment of notice of resignation/final resignation,acceptance of resignation,service certificate,relieving letter,correct FnF statement, payment of FnF dues by bank DD only, Form16 as per correct FnF statement,NOC/NDC,handover of charge,PF number with a/c slips of each year,salary slip of each month,ESIC card etc so as to reach you in next 3 days by Redg. post only.
If this HR personnel does not comply then escalate to good offices of appointing authority,MD,Chairman,CEO etc and demand to supply and provide relief within next 3 days...................
If good offices also do not provide any relief, then approach:
an able labor law consultant and proceed further under expert advise.
Your counsel can appraise you of many forums that you can approach.
Bhaskar
(Querist) 26 December 2015
They didn't gave me the copy of resignation letter or any experience letter but i have mails through which me and HR communicated it contains all the proofs.
How can i send legal notice to the company? I dont know how to do it.
Kumar Doab
(Expert) 26 December 2015
The legal notice is sent by a lawyer.
malipeddi jaggarao
(Expert) 26 December 2015
What are the dues to paid? If it is small amount, better forget. If is considerable amount, send a lawyer notice through one of the local lawyers.
Kumar Doab
(Expert) 27 December 2015
Resignation letter is sent by you so you should be having a copy, dispatch of proof,POD.
You can demand the acknowledged copy with company's stamp with date on it.
The documents sent by email are soft copies, and you can demand hard copies on company's letterhead with seal and signature as already suggested.
Each penny is hard earned money and is a fruit of labor and employee should not leave a single penny.
You have a good case and will get each penny.
Employee at any level/position should never leave a single penny unpaid.
You may consult able labor law consultant, employee's/trade union leaders with confidence and proceed further under expert advise.
Kumar Doab
(Expert) 27 December 2015
Regret, missed the comments of Expert Shri Rajendra K Goyal,................
"Please do no comment on any community or caste. "
I stand by the comments of Expert Shri Rajendra K Goyal.
Kumar Doab
(Expert) 28 December 2015
I have always appreciated your gentleman manners Mr.Goyal.
All experts may kindly go thru: comments of Expert Shri Rajendra K Goyal,................
"Please do no comment on any community or caste. "
May I prompt you and all experts to go thru the comments and statements and language of writer of comments, in all posts written by writer, in all threads, leave apart the content and quality.
K.S.Srinivas
(Expert) 31 December 2015
Send a legal notice to the ex-employer.
T. Kalaiselvan, Advocate
(Expert) 03 January 2016
let us not deviate the subject and get into caste politics. The purpose is to advise the needy accordingly.
The author is advised to send a legal notice demanding his dues and after that he may plan to initiate other legal options.
