deepvibha (n/a) 18 March 2008

Employer not paying Full & Final Settlement

Hi,

I have recently joined another organization after serving the requisite notice period in my previous organization.

The previous employer is known to be not paying the full and final payment. I am an HR person and during my tenure with that company I received many calls from the ex-employees regarding the subject matter.

As such, the bonus and LTA, which is paid annually, is a component of the CTC.

The employer is also not signing the PF withdrawal forms.

What best can be done to get the F&F settlment and PF forms signed? (Apart from talking to the employer, as I know all the talking will go down the drain).

Regards,

Deepak

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5 Replies

partharajagopal (HR) 18 March 2008

Hi 1.write a letter briefing everthing in hard copy and send to your MD or Chair person or ed who ever it may be as a first step,provided send across register post .take a xerox copy too 2.if it is not happening then send the xerox copy again in register post and also send a letter to concillation officer applicable to ur area explaining everthing. hope 1st step is enough and 2nd is optional with regards parth

indrajeethrkanpur@rediffmail.com (n/a) 18 March 2008

Same situation is also in company. pls help me out What legal actions could be taken in this regards. pls reply on my e-mail indrajeethekanpur@rediffmail.com i would be very greatful to all thanks

Guest (n/a) 18 March 2008

From the brief it appears that you don't fall into the category of workman hence Industrial Dispute Act will be of no help to you. But you can claim PF from the employer by filing a complaint before Regional Provident Fund Commissioner. As far as other dues are concerned you would have to go to a civil court.

veenzar (Advocate) 18 March 2008

A. If the employee fails to receive the payment from the employer after having entered into full and final settlement of the account, the employee can file a civil suit for recovery of office dues. In case gratuity has not been paid then the employee can proceed under the provisions of Payment of Gratuity Act and then in case Provident Fund has not been released after the employee leaving, then he can proceed under the provisions of the Provident Fund Act

Guest (n/a) 22 March 2008

P.F : Fill up Form 19 and 10C, 3A and get singed by your Bank Manager. Then submit the forms to the Regional PF commissioner of your area. They will send it to the Employer in 5 days time. Your claim will auomotically settled. F & F Prepare yourself a settlement workings and send it to the employer along with a covering letter. The copy of them should go to Inspector of Factories, Labour Department and State Industrial Secretary.