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Sandeep Kumar   03 March 2019

Full & final settlement is pending (mumbai)

Full & Final Settlement is Pending (Mumbai) Dear Experts, I was working in a Digital Marketing Agency in Mumbai. In Dec 2018 MD of the company asked me to resign giving reason that company is going through some financial crises. Till that time company was also holding my Nov 2018 salary, so before serving my resignation I discuss it with MD of the company who assured to clear my salary & dues in 2 weeks. I served my resignation on 21 Dec 2018. Since then I am following up with him, he's not picking up my calls, I sent several text messages to him, to one of them he replied that they dont have funds, as soon as they will get funds they will clear my salary while the fact is that company is paying staff salary regularly. Company has more than 20 employees. Last week I sent them a formal notice over email to clear my salary & dues, but didn’t get any response. There're few more employees who haven't received their F&F amount. Please suggest. Can also make a complaint regarding discrepancies / violation of the laws ? 1. Company is not registered under The Shops & Establishment Act, saying they don’t require it. 2. Company is also not providing proper leaves, they provide only 12 All Purpose Leaves & 7 CL while my understanding to Mumbai Shops & Establishment Act says it should be 21 APL & 7 CL. And they also don’t allow to carry forward. Is Work From Home can be considered to fulfill the requirement of 21 APL? 3. They are also not providing any PF or other facilities while company has more than 20 employees. 4. I served my resignation on 21 Dec 2018, can I also demand for a month’s salary as compensation?


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 1 Replies

Suhail suhail (LAWYER)     03 March 2019

Just issue a  short duration legal notice and file a case before labour court.


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