FULL and Final settlement
3 years ago
I am a CA resigned from a company on 13th May 2020. I am in probation. I need to give 30 day notice period. I served till 30th June 2020 I told them please take new guy and I am not interested to continue beyond 30thjune. On 30thJune 2020 I send a mail that today is the last day and settle my Full and final. They are having very poor track record of settling the Full and final. They will not settle Full and final at all. Company will not remit the PF deduction to PF authorities for all the employees. For me they need to remit for 5 months. Now they asked the laptop to surrender and give knowledge transfer to new guy. I told I will do both but you give the full and final first since your track record is very poor . Now they are telling they will take legal action and send daily a person coming to my house and asking for Laptop and intimating me and my wife. Whether they will take legal action? and please advise. I am in stress and help
1) It is a legal duty to submit back all the documents, materials including laptop etc. to the company of the origin. Make sure that you to hand it back to the company office ONLY and not too to any employees outside the office as they may further tell that the new employee has left the job and you get the laptop back..as you have handed over to him n you may be into trouble….. so it is better that you handover the laptop in the company itself.
2) Pertaining to your full and final settlement ask them confirming email from their end regarding the full and final settlement of your salary and other dues if any...So that you have a strong evidence to your side, Also tell them to mention that the FULL & FINAL amount must be credited in your Salary account or any other account then give them your other account details in advance, so that they may say that the Salary account is closed as you have left the company. If things don't work out rather we can send a legal notice for clearance of your dues.
3) Legally speaking they cannot send any kind of person at your home asking for the laptop, but It is just your moral duty to return the items back to the company. So don't be in stress....Relax.
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ADV. ANISH PALKAR (High Court)
Get issue a strong legal action becuase they propose to take law into their house. You are on the streets with stone in hands and they are in glass house and if you throw the stone they could get loss not you. Out of reputation they will come down and settle if you send a legal notice. And approach a positive minded advocate.
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