Full and final settlement
Mohammed Aquib
(Querist) 13 May 2017
This query is : Resolved
I was employed in a company from 7/9/2016 to 9/1/2017. I was supposed to receive my salary after 45 days in terms of full and final settlement amount but its been 4 months now and I am yet to receive the money. The HO is in Gurgaon,Delhi and I was in the Bangalore Office. Please help as to what I can do do get My money. At first I was told that I will get and the process is going on but now there is no response to my mails. Please help!
Guest
(Expert) 13 May 2017
First send an Request Letter Politely by Post by Regd Post with ack due and if no reply after receipt of that letter after 15 days contact Local Good Senior Advocate and Serve a Notice and Proceed with the Case.Since the amount is not very big amicable solution would be the Best remedy
Rajendra K Goyal
(Expert) 13 May 2017
Send your request through e-mail, registered letter followed by weekly reminders.
Wait 1-2 months for results of your efforts.
If no response, discuss with local lawyer to move legally.
kavksatyanarayana
(Expert) 13 May 2017
ask the company to inform the present status of your application under RTI. even for this no reply, then proceed as advised by the above experts.
Dr J C Vashista
(Expert) 14 May 2017
Nothing more to add, well advised by experts.
Kumar Doab
(Expert) 14 May 2017
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state?
Since how many months you are working?
Do standing orders (model/certified) apply to establishment and your designation?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Are you a member of employee’s/trade unions?
Kumar Doab
(Expert) 15 May 2017
You have initiated query, you should reply.
The employee can lodge complaint the moment payment of earned wages of employee is delayed even by a day.
If you had tendered notice of resignation then employer and its attorney’s in HR/Payroll/admin/legal cell had sufficient time to put its house in order and complete exit formalities and handover relieving docs and FnF payouts on LWD………………….or say within next 3 days or max. by usual pay day.
The employer and its attorney’s in it’s :
HR/Payroll/admin/legal cell………………are good for nothing to such an extent that it can’t pay in 45days from LWD that is the period they decided on their own.
The delay and studied silence now, seems to be deliberate.
Kumar Doab
(Expert) 15 May 2017
Generically Speaking: The Grievance Redrsssal Committee notified by State of Karnataka might cover your sector also.
You may approach it.
You may also be eligible to approach:
Inspector appointed under; Karnataka Shops & Estbs Act, Payment of Wages Act
O/o Labor Commissioner (State/Central as applicable in your case)
Grievance Redrsssal Committee
Higher Officials of Dept. of Labor, Karnataka
Kumar Doab
(Expert) 15 May 2017
There are many Trade unions in Karnataka and list is kept at website of Dept. of labor
For contact details check at:
http://labour.kar.nic.in/labour/trade-unions-list.htm
You can approach them.
There are many employees’ unions (at Bangalore also) that are embraced by Trade unions in Karnataka.
You can approach them.
The cause of action has arisen at Bangalore, hence jurisdiction can be at Bangalore.
Kumar Doab
(Expert) 15 May 2017
Thanks for agreeing Mr. Kakade.
Mohammed Aquib
(Querist) 15 May 2017
I thought the best option is to file a case against the company and hence wanted help in that path and I did not know how do I go about things which introduced me to this forum. Hence, I deemed the providing of other info unnecessary.
Anyways Thank you all for the replies. After sending a final mail to the company stating that I will be taking the legal way, I have got a reply immediately saying that they will try and settle it within a week.
However, the HR again called me personally and has asked me to send a apology mail saying that I take back My words.
All this, again without assuring me of a deadline of when I will receive the amount.
Finally, after considering all the suggestions in here and of people around me I decided not send any mail and just wait for their action.
Rajendra K Goyal
(Expert) 15 May 2017
Dear author,
In your e-mail you should have been more polite. Legal recourse is last resort and no threat need to be given.
There is no harm in informing that the words were due to ignorance, was not a threat, should write diplomatically that there would be no need if the matter is resolved at your end.
Writing, diplomatic language or taking back your words would not snatch your write to move legally. No threat required for that.
Guest
(Expert) 15 May 2017
Agree with Experts
Mohammed Aquib
(Querist) 15 May 2017
But after 3 mails over a period of 7 days, and no replies from the company isn't legal course is the last option?
And yes, after stating that I may take the legal course of action I get a reply too!
Mohammed Aquib
(Querist) 15 May 2017
Also, I was told by my lawyer that if I send an apology mail, there is anyways no guarantee the company is providing that they will give the amount, so it might be used against me to drag the case by indicating that I was just intimidating them or something which will delay the right course of action from the company.
Kumar Doab
(Expert) 15 May 2017
It is not known to us what was written in your email verbatim: intimating that you are contemplating to take legal action.
If you wish you may post it.
If the written reply was that 'immediately saying that they will try and settle it within a week. '..................then 7days time has been asked for.
You have the option to ignore verbal telephonic calls, also.
Guest
(Expert) 16 May 2017
Agree with Expert
Kumar Doab
(Expert) 16 May 2017
Good to see statement of agreement with expert.
Guest
(Expert) 17 May 2017
Appreciation always Welcome
Kumar Doab
(Expert) 17 May 2017
Good to see the expression of appreciation for experts.
Guest
(Expert) 18 May 2017
Appreciation always Welcome
Kumar Doab
(Expert) 18 May 2017
Good to see many statements of appreciation for experts..
Guest
(Expert) 19 May 2017
Appreciation always Welcome
Kumar Doab
(Expert) 19 May 2017
Enthusing to see expressions....... of appreciations.
Guest
(Expert) 20 May 2017
Appreciation always Welcome
Kumar Doab
(Expert) 22 May 2017
Good to flood of expressions....... of appreciations.
