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Sandip Samanta (Self Employed)     04 May 2012

Full & final settlement by employer

Dear Sir,

I've submitted my resignation to my employer through e-mail 50 days back. Though I've stated my intention to serve my 30 days notice period, but my official e-mail ID & cell phone connection got blocked immediately and my employer didn't inform me anything about serving my notice period. 

Now, even after 50 days of my resignation and several reminder e-mails my employer neither settled my Full & Final Claim nor issued any Release Letter till date. 

Please help me by guiding what can be done to get my F&F Settlement claim & NOC.

Regards,

Sandip.

 



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 May 2012

Serve them a legal notice, failing which file a suit for recovery. 

Kumar Doab (FIN)     04 May 2012

Learned Mr. Bharat Chugh has given valuable advice. Kindly follow it.

If you have tendered notice of resignation and thus have indicated effective date of resignation you have notified the date of termination. If employer accepts resignation before this date it can be termed illegal. If you are willing employer should compensate by notice pay for the period. You may submit a gentle representation addressed to good offices of your appointing authority, MD/CEO, with a copy to Head-HR. Let this be structured and drafted by a lawyer/law firm or elders in the family, competent and experienced well wisher, trained legal mind.

You may show the appointment letter, notice of resignation, emails sent by you to a competent and experienced service lawyer. Company has blocked your email id, cell phone as it has accepted your notice of resignation with immediate effect. Ideally company should pay the dues on last day in office or within 2 days. Some companies declare that FNF settlement shall be made within 30 or 45 days. You may check the employee rule book, standing orders. You may also obtain SE act of your state.

If your company’s Redg. Office /HO is at your location and your wages are < Rs.16000/pm you may approach o/o Wages Inspector. You can approach O/o labor commissioner.

JANAK RAJ VATSA (ADVOCATE)     04 May 2012

issue a legal notice and if no response then file a recovery suit in the court.


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