Unpaid full & final settlement

The limitation period to claim unpaid amounts in your case may be 3Y.

You may Act in time.         

What is this company: commercial or industrial establishment?

What is your nature of duties?

Generically employee can approach Labor Inspector/ o/o Labor commissioner, Inspector under Shops and Establishments Act, Inspector under Payment of Wages act………..civil court.

If you fall within the category of Workman: as per 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.

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). If you are eligible you may approach Inspector appointed under this Act.

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;

You can also claim unpaid wages under (Name of State) Shops and Establishments Act applicable to your state.

 There are thread indicating employees have lodged criminal complaints under Section 406,420…………….and that unpaid wages can be treated as debt on employer.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UboDXNhVMgt

 There are many threads on similar queries which you may find relevant and useful.

In the meantime you may go thru these e.g;

https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.UboA-dhVMgs

https://www.lawyersclubindia.com/forum/Salary-not-payed-82310.asp#.Ubc5P_lVPxp

https://www.lawyersclubindia.com/forum/Employer-not-paying-salary--82331.asp#.Ubc5qflVPxo

https://www.lawyersclubindia.com/forum/Non-payment-of-salary-81896.asp#.UbAThNKAqWM

https://www.lawyersclubindia.com/forum/Full-and-final-settlement-not-paid--76066.asp#.UbAUUNKAqWM

https://www.lawyersclubindia.com/forum/Non-payment-of-full-final-sattelment-81866.asp#.UbAUwNKAqWM

https://www.lawyersclubindia.com/forum/Neither-resigned-nor-terminated-salary-unpaid--81683.asp#.UbAVCNKAqWM

https://www.lawyersclubindia.com/forum/Wages-not-paid-by-employer-81628.asp#.UbAVHdKAqWM

The Bonus of previous year should be paid by 30^th November. There are provisions for punishment and penalty.

You may refer to Payment of Bonus Act and submit a last reminder in consultation with your lawyer.

Let the opinion of your lawyer who has seen all the docs are final on all points discussed in this thread.

Thank  you for your reply.

The company is a FMCG company.

I was Regional Sales Manager. 

I have mails from the CEO of the company assuring of clearing F&F.

I have the F&F settlement Sheet prepared by the company HR and sent to me for clarifications.

In that they have not given october 20 days salary, when I asked they are saying I was on leave for 20 days, but I was working till they relieved me. They also did not add my bonus for the year 2010-2011.

I did not even receive the amount they wished to settle. When I call them now they are not even replying.

The company has supplied the FNF statement to you.

Have you submitted your response in writing under acknowledgment, to errors in FNF statement prepared by company in writing under acknowledgment?

Do you have your record of attendance for the 20 days and proof of amounts being claimed by you?

You may submit a carefully structured and drafted representation addressed to the CEO, MD, appointing authority, company secretary, by redg. post and narrate all representations made by you so far, by phone ( mention phone number, date, time, name of company official, designation, dept, name of company, address), emails/letters, in person and minutes of discussion, submit list of all payables by company to you, and state that FNF statement prepared by Mr/Ms…………….is wrong and correct FNF statement has not been supplied to you till date despite unlimited number of representations made by you.

You may demand the correct payment be made to you in say…………….days by bank DD only by redg. post only.

If the good offices of the company also do not provide any relief, you may approach your lawyer and issue legal notice. In many cases legal notice works and sense prevails upon the company.

Your lawyer can opine that you are covered in definition of ‘workman’ as in ID Act, ‘Employee’ as in (Name of State) Shops and Establishments Act applicable to your state, Payment of Wages Act and then you can approach Inspectors appointed under these Acts………..................and also should you lodge a complaint under Section 406,420.......................

Or you may have to approach civil court.