Full and final settlement Not done by employer
1 year ago
Hi Team, i served as a employee in a pharma marketing company of Telangana state. I worked for 8 months 24 June 2021 to 3 Feb 2022. I resigned my job with proper communication. And i recieved a resignation acceptance mail from MD. In that he mentioned, they will bind to appointment letter in doing f&f settlement, and they want me to submit all the company property and NOC from distributors. I did the same. Over phone he assured me that my f&f settlement will be done. And he keep on postponing the dates of my f&f settlement after i submitted the company property to concern manager. And he (company MD) just keeping my number in blocked list. Regular mails sent to concern mail id for my f&f settlement. But no response to my mails. From March 2022 to Nov 2022 i was doing follow ups through mails and called MD with friends numbers. Finally he said, you settlement will not be done due to you have not served notice period after putting the papers. But that time company not asked me to serve notice period. The settlement amount which is pending is my field expenses. Which i spent while working in the company. Kindly help me out in this regards to get my money back from company.
Kindly approach the Office of Commissioner of Labour and I am sure they will help you out with your issue.
To resolve the issue u may approach the following authority.
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Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]