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Ashutosh Kushte`   26 February 2021

Full n final setllement reg query

Dear Sir/ Madam,

I was associated with a company for 7 years, In the period of Covid my employer didnt restart the operations and ultimately i had to resign from the company and then found a new job. My employer after my resignation reframed the co- policy and reduced salaries to 50% of the current salary we were drawing on acc of covid. Now i have resigned in the month of Jun-20 and he's calculated dues only till Mar-20 and he's given me one month notice pay for the resignation period @ half of the salary.

Now my query is for the FNF calculation :

The current FNF is calculated and the salary is given till Mar-20 only for 20 days of work. Bal 11 days he;s not giving even though he promised to do so.

+ Gratuity has been calculated on old salary, But notice pay salary is given @50% of old salary,

No Bonus has been calculated till the date of final settlement, nor any salary is being given from Apr-June. He's not calculating the dues as per actuals.

How i can get my dues in a proper way .Also if i agreee to consider the salary @ 50% from Apr-20 onwards then wil the gratuity will be calculated @ current salary and then i'll be at monetary loss from both the ends.

Can i file a legal suit against him and recover the necesssary dues as per actuals. Please request you to help and suggest appropriately.

 

Regards,

Ashutosh

 

 



Learning

 1 Replies

Ritesh Maity (Labour Law Advocate)     07 March 2021

Full and final settlement needs to be done on the actual rate of salary you were entitled to. It is to be done on the rate of last drawn wages and not the actual wages drawn

Suppose if your salary is Rs.50,000/- per month and if you have worked for 15 days in the last month, then you would be getting Rs.25,000/- or may be more or less after adjustment of leave, if any, for the last month but that does not mean your FNF will be on Rs.25,000/-. For the purpose of FnF, rate of wage i.e. Rs.50,000/- needs to be considered.

Gratuity can be claimed before Controlling Authority under the payment of Gratuity Act and for other dues you may approach labour courts/ referee under shops & establishment act.  

 

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