Full and final settlement not effected till date

Ask to supply salary slips of all months, PF a/c number, PF a/c slips of all years,correct FnF statement, Form16 as per correct FnF statement ,NOC/NDC, handover of charge/assets,service certificate,relieving letter etc................,by Redg. Post.

Hope you have the message of Demand of resignation!

If yes  it can be termed 'Termination' and you can stake claim to Notice pay, damages.

Induction Expenses seem to be illegal.

The employer may claim that after 3 years your claim is time barred.

If mployer is not paying approach your able labor Law Consultant/service matters lawyer.

Dear Sirs,

Greetings !

I would like to inform you that I was working with a limited company (Ahmedabad) from 24th January 2011 to 7th May 2016. 

I resigned the company 3 months ago. I received the Relieving letter and Experience letter on the last day of my working with the company,. i.e. on 7th May, 2016. The HR told me that full and final settlement would be done according to company policy. But it's almost 3 months and no settlement has been done. They say full and final settlement of previous employees are still pending and they will be considered first. To every left employees,  the dept gives same funny reason.

Also, I would like to draw your kind attention that the company has not deposited PF amount from October 2014 in the account. I have registered a complain in grievance cell. 

I will be highly obliged if you would suggest me as what could be done to recover my dues from the company. (FnF settlement (gratuity, bonus, leave encashment etc. etc)  and PF (from October 2014 to May 2016 , i.e. 19 months).  Will I get my dues or not if the company says that we are not in a position to pay?  In this case, what is to be done? 

Your prompt and favourable response in the above matter will be highly appreciated.

With regards,

Kamini Solanki

What is this establishment; Commercial, Industrial?

What is its line of business?
 

Since how long you are working in this establishment?

Are you under probation of confirmed?


What is your designation and nature of duties?

What was your monthly salary?

Does standing orders apply to establishment/your designation? If yes are these certified?

Ask in writign under proper acknowledgment to supply salary slips of all months, PF a/c number, PF a/c slips of all years,correct FnF statement, Form16 as per correct FnF statement ,NOC/NDC, handover of charge/assets, Notice of determiantion of Gratuity and payment, etc................,by Redg. Post.

Are you a member of employee's/trade unions?

Have you consulted a very able counsel specializing in Labor /Service matters?

Dear Sir,

The establishment is Commercial.

Line of business - is manufacturing paper.

I worked with company from 24th January, 2011 to 7th May, 2016. 

As per appointment letter, I was on probation period  only for 3 months i.e. upto April 2011.

My designation was Stenographer and working in Secretarial Department.

My last CTC was 23K.

As suggested, I will ask in writing for all the required documents such as Correct FnF Statement, Form 16 as per correct FnF Statement. I do have salary slips and PF account no.

I am not a member of employees' / Trade Union.

I have not yet consulted any counsel for the above said issue.

With regards,

Kamini Solanki

It is not clear the dept/Div/office where you worked was registered under Shops & Estbs Act or not.

However you have confirmed that it is manufacturer but Commercial Establishment.

As a Secretarty you may be covered by the def. of 'Workman' as in ID Act, 'Employee' as in Shops & Estbs Act.

The employee can lodge complaint the momment payment of earned wages is delayed even by a day.

You may lodge complaint with:

Inspector  appointed under Shops & Estbs Act

Inspector  appointed under Payment of Wages Act

O/o Labor Commissioner

Higher officials of Dept. of Labor

Prefer to proceed further under guidance of your able counsel specializing in labor Law /service matters.

Dear Sir,

As suggested by you, I mailed 3 times HR department for FnF settlement / statement, Form 16 and PF dues.  Sunddenly, yesterday, I received a reply stating that :

"We have received your email regarding Full and Final settlement  and noted the urgency of the same .As you are aware ,we have made an application to BIFR(Board For Industrial & Financial Reconstruction) and our case is Registered with them.
Further we have to inform you that we are trying for arrangement of funds and your dues will be settled on priority basis in due course."
 

I dont know what is BIFR and not even aware when the company has made application for registration of case. 

What does it mean sir? Is it that I wont get my dues in near future. Plz advice.

Kamini Solanki

You have posted that:

---"I dont know what is BIFR and not even aware when the company has made application for registration of case."

Deny that you were ever informed or ever made aware.

---",Mr Hemant Sharma messaged that company management is not interested to further contnue business in bihar and Jharkhand so please submit your resignation, we will wind up in next few months.'

Have you posted it in writing?

Ask to supply salary slips of all months, PF a/c number, PF a/c slips of all years,correct FnF statement, Form16 as per correct FnF statement ,NOC/NDC, handover of charge/assets,service certificate,relieving letter etc................,by Redg. Post.

Hope you have the message of Demand of resignation!

If yes  it can be termed 'Termination' and you can stake claim to Notice pay, damages.

Induction Expenses seem to be illegal.

The reply given to you is apparently from legal cell.

You may approach your able labor Law Consultant/service matters lawyer.

If you wer not informed about BIFR at appointment, later etc and you were corced to resign etc etc then your counsels may opine that you have the right to seek recourse under labor/civil/criminal law, depending upon facts and docs you produce.

Thank you very much for your prompt reply. 

You are welcome.