Full & final settlement

Please contact the head of your appointing authority officer.

For last 3 months employer is sitting on the payment of your wages. This is unfair and bad. It hints that employer is unwilling to pay. Any more wait shall be wastage of time. Employee has a right to demand interest and damages. If you have not served notice period company may adjust notice pay in FNF statement.

In a given situation employee can  invoke the provisions of Industrial Employment Standing Orders Act, SE act applicable to the state, Payment of Wages Act, ID act as per explanation of employee under these enactments or approach civil court.

It is felt that you may fall within the category of workman. You may approach o/o Labor commissioner.

If your wages are up to Rs.16000/pm, then you may lodge complaint under Payment of Wages Act.

Payment of bonus for previous year should be made within 8 months. LTA should be disbursed in FNF settlement provided you have complied to conditions of LTA.

I resigned from my services from an ecommerce company a little over a month ago. I have not received the full and final settlement. On inquiring about the same and the amount, I was told that it would take some more time and is under process. However, I was told that i would receive only 19 days ie. the day of the month I resigned, and not the one month notice period. On resigining ( on the Company's insistence), I was told that I need not serve the notice period. 

I am a confirmed employee, and the letter by the Company clearly states that in any case, I am eligible for a month of notice period salary, even in the case if the Company asks me not to serve the same.

Kindly let me know what legal recourse I need to follow. Can i go to the labour court and serve the Company a legal notice from the court?

Thanks

@ Fight4Justice,

Company has made a pass on you.

Has the company supplied you the acceptance of resignation? If no how can you ask for payment of dues and how can company make a statement on separation and settlement of account? In the absence of acceptance of resignation not being supplied to you are well within your rights to withdraw the resignation, claim it was forcibly extracted from you, and attend office. You may request good offices of the company to allow you to let you examine your personnel file maintained by company. In all probabilities company shall maintain studied silence. However this request may come handy at appropriate time in appropriate forum.

Companies are known to claim that resignation was accepted and acceptance was shown to employee in office and posted by post (ordinary mail), copy was handed over thru supervisor, and insert back dated documents in personnel file.

However as you have delayed, before you act you may approach an experienced and competent service lawyer with your complete record, copy of appointment letter etc and your lawyer shall help you to evaluate you fall within the category of a workman or not.

In a given situation employee can  invoke the provisions of Industrial Employment Standing Orders Act, SE act applicable to the state, Payment of Wages Act, ID act as per explanation of employee under these enactments or approach civil court.

Your lawyer shall form a strategy and if deemed fit you may proceed.

It is believed you had tendered one month notice of resignation, and while you were serving notice of resignation, on the 19th day of your notice company wanted to separate and instead of accepting your resignation company cajoled or coerced you to submit final resignation which you did., while you should not have done it.

Or you should have submitted a representation in writing under acknowledgment addressed to your appointing authority, MD, with a copy to Head-HR narrating the incidence that Mr/Ms………designation….department……….address has asked you on dated…..in office to tender final resignation while you are willing to serve the complete notice period of one month ending on dated………..stating……….( whatever was stated to you e.g. company has recruited/designated your replacement and your services are no more required)  hence if company want you to not to attend office company should state so in writing and issue acceptance of resignation before effective date of resignation/last day in office and pay you notice pay for the period of ………..days.

Extracting resignation from employee is illegal, unlawful and company personnel in HR/Management who have executed it should have stood up and told the management/employer/promoters that they shall not do it, however they have done it as per orders of their masters.

The conduct of the company personnel who have executed this act is certainly bad; however you need to establish it by evidence that this was executed.

Employee should never submit a document or sign on the dotted line in haste without consulting elders in the family, competent and experienced well wishers, trained legal mind, lawyer/law firm. It is better to have access to a lawyer even if in your neighborhood to avoid falling in legal traps and checkmate the ill intentions of such unscrupulous employers.

Ideally company should supply on last day in office or within 2 days, the payment of dues and documents like acceptance of resignation, work experience/service certificate, relieving letter, PF number/attested copies of PF withdrawal/transfer forms, acknowledgment of handing over the charge/company property, NOC/NDC, FNF statement, form 16 etc.

When you agitate company may either compensate you or apply pressure tactics. Approach your lawyer before you proceed.

@ Kumar Doab,

Thank you for a detailed advise Sir. It would be nice if I could get referrals and contact numbers of labour lawyers in Bangalore.

If you wish to avail the services of LCI lawyer you can conduct lawyer search at:

https://www.lawyersclubindia.com/lawyers_search/#.UCDgGCIWrts

TYhe related lawyers list is given on the bottom of this web page.

Your family and near and dear ones can also guide you to a competent and experienced service lawyer.

@ Manoj,

Always initiate a new thread.

The day for payment of FNF dues: Usual Pay day.

{1.} If IESO Act is applicable to the company and company has framed its certified standing orders quote from it or if standing orders are not certified quote from Model Standing Orders:

13.          Termination of employment:

(3)   Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

{2.}  The SE Act e.g; SE Act Delhi:

2. Definitions: (8)  “employer” means the owner of any establishment about the business of which persons are employed, and where the business of such establishment is not directly managed by the owner, means the manager, agent or representative of such owner in the said business;

19.  TIME AND CONDITIONS OF PAYMENT OF WAGES:

(5) Where the employment of any person is terminated by or on behalf   of the employer, the wages earned by him shall be paid before the expiry of the second working day after the day on which his employment is terminated.

21. Claims relating to wages.—(1) The Government may by notification in the Official Gazette, appoint any Commissioner for Workmen’s Compensation Act or other officer with experience as a Judge of a Civil Court or as a Stipendiary Magistrate to be the authority to hear and decide all claims arising out of delayed payment or non-payment of earned wages of an employee employed in any establishment.

37. Powers and duties of the Inspector:

COMMENTS

(b) Duties of the Inspector:

(i)  that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no  dues payable under the Act or Rules have been withheld;

43. Determination of employer for the purpose of this Act.—

(Therefore the employer as defined in the Act should have reason to feel concerned….)

 The SE Act does not indiscriminate between workman or non workman and is applicable too all employees.

{3}   SE Act Bombay even goes further to impress that a company to which SE act is applicable IESO Act shall also apply and Inspector under SE Act shall be the Inspector for the enactment and even for Payment of wages act…..

{4.}   THE PAYMENT OF WAGES ACT, 1936:

(The Wage ceiling, for wages as defined in the act, has been increased to s.18000/pm, so it shall cover more number of employees )

2. Definitions.-

(ia) "employer" includes the legal representative of a deceased employer;

3*[(vi) "wages" means………

(d) Any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

If this does not suffice employee may approach a lawyer and contemplate to approach the company as creditor and claim unpaid wages are debt on employer.

Employer as defined in various enactments applicable to the company as per law of the land.

Valuable advice of learned experts/members is sought.