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Abhishek Shankhdhar   19 July 2017

full and final

I was working with a private company and I left the company in march. As per the company's HR policy full and final settlement is to be full filled within 45 days from the last day. It has been more than 90 days now and i havent received any update after regular follow ups. Is there any law or rule through which I can fight for my hard earned money?


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 7 Replies

Kumar Doab (FIN)     19 July 2017

Avoid jumping to send legal notice for the moment.

 

It is felt that once employee has decided to retire/separate by resignation and has tendered notice of resignation, employer gets sufficient time to put It’s house in order, complete exit formalities, FnF and can tender the FnF docs and payment on LWD……………………… Or in case of separation say within next 3days or max by usual pay day.   Employee can lodge complaint the moment his/her earned wages/promised payouts are not paid by promised/fixed day/date.

 

Kumar Doab (FIN)     19 July 2017

It is felt that once employee has decided to retire/separate by resignation and has tendered notice of resignation, employer gets sufficient time to put It’s house in order, complete exit formalities, FnF and can tender the FnF docs and payment on LWD……………………… Or in case of separation say within next 3days or max by usual pay day.   Employee can lodge complaint the moment his/her earned wages/promised payouts are not paid by promised/fixed day/date.

 

Kumar Doab (FIN)     19 July 2017

In your case employer has extended the pay day by  45 days from LWD, as per some of its’s private rule/policy, after completion of notice period. Notice period is  inserted by employer in private agreement drafted by it and signed with employer e.g; appointment letter/contract of employment…… Thus Nonpayment is  notice period+ 45days=30+45=75days………   The employer has not apparently paid salary by fixed day/date during notice period and FnF dues by LWD and in your case by 45th day from LWD…………….. ON the top of that attorney’s of employer in HR/Legal/Lime management/personnel/admin cells are not responding to employer.   Unpaid wages/promised amounts are debt of employer.   Don’t remain entangled with attorney’s of employer and write to good offices of appointing authority, MD,CEO……..under proper acknowledgment and narrate all previous representations….and ask to supply FnF docs and payouts…….

 

Kumar Doab (FIN)     19 July 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? What is notice period as per appointment letter/offer letter and what was notice period tendered by you? Was ever any stinker, memo, show cause notice on any misconduct issued to you? Are you a member of employee’s/trade unions? Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge/assets, NOC/NDC……………, service certificate, relieving letter etc etc ?    

 

Narendra   20 July 2017

I agree with Mr. Kumar Doab

Kumar Doab (FIN)     20 July 2017

Thanks for agreeing Mr. Narendra.

 


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