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Ram Mohan RL (IT Profession)     18 October 2017

Full and final settlement not received

Hi Experts,

I have served a xx company for 1.2 years (Mar'2016-May'2017). But unfortunately, due to my personal problems, I could not able to work. So put down my resignation letter on April'2017. My official notice period is 2 months. But I have served my notice period for 30 days (i.e 1 month) and in a unforcessable change in my circumstances, requiring me to relocate to native, I need to cease office work with immediate effect.,where I have the exit that company intimating everyone about the situation and surrendered all company assets in an unmanageable situation.

After 02 months later, I have been asking HR Team for my full and final settlement, pf form form16. Now, they are telling that "your employment is terminated" and cannot initiate issuance of the document. Because you have not informed or intimated anyone".

My concern now is I have intimated everyone and explained my problem to the manager and informed them through an email, proof of resignation letter and accepted form. No one has agreed and strictly told me to serve 2 months. I asked many times to management that I could not able to serve 2 months.

There is no clause stating in my offer letter that if I don't serve the remaining days of the notice period, the employment would be terminated.

For past 5 months I am following up with the company but there is no help.

Could anyone please suggest me what can I do now??


 4 Replies

MM Joshi   18 October 2017

I suppose you have to register this complaint to Labour court, but first meet with your Lawyers he can send a legal notice to company for settlement of Full and final. I hope first Legal Notice will settle the matter, if not you can file the matter in Labour court. Please raise your voice not to bear such kinds of behaviour of bad Management.



Ram Mohan RL (IT Profession)     18 October 2017

Thanks Joshi for your quick response.

I will ask my legal adviser to send a legal notice. But what I am thinking is, if I fail a complaint how long does that process take place?

Would it become late to get my documents?

MM Joshi   18 October 2017

Hi as you are in touch with Ex company with communication / request  regularly for release of full and final settlement, I hope this tenure will not take GAP in between employmnet and you. Basically after termination/ leaving a matter the GAP should not be more then 90 days... More other Senior Advocates will advise you.

Or meet with your Legal Consultants.

Hope my advise will help you some way..


M M Joshi


Ram Mohan RL (IT Profession)     18 October 2017

It's almost 6 months.. am requesting them in all way... things don't work out that's way looking for the law now.

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