90,000+ Legal Questions Answered

Delay in full and final settlement from employer Delay in full and final settlement from employer

1 year ago

My resignation from the prior company was effective three months prior. I gave one month's notice in accordance with the buyout policy, and I'm prepared to accept the second month's salary from the new employer.
This was made clear during the notice period, and the firm I worked for stated on the day I was relieved that I was not obliged to be paid for the next month since the customer had agreed to relieve me for one month.
After 90 days, they claim that the money would be recovered for the second month, during which I receive a very little free amount. Additionally, 90 days later, they still haven't cleared the FF amount.
How do I continue because my employer and I are having a weekly conversation about it?
As a mother of 2 kids, how shall I face this?

Legal Counsel Vidhikarya

Responded 1 year ago

View All Answers
A.In case your company covers under shops & establishment act you may make an application in Form N rule 31 to the concerned Chief Inspector of Shops and establishment act for recovery of your dues.
In case your company is an industry make an application to concerned Labour Court u/s.33C(2) of ID Act for recovery of dues.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

View All Answers
A.Hello,
If the employer fails to pay the amount due for FnF settlement, the employee can take legal action against the employer and demand the payment of a penalty for the delay. If the employer fraudulently avoids paying the FnF amount, the employee can also lodge a police complaint
Helpful
Helpful
Share
Placeholder image

Chaithra NC

Replied 1 year ago

Thank you Sir for your valuable input.
In case of going legally how can I proceed? Is it better to contact labor officer first?
Which is beneficial and effective?
Also does this impact the main client where I was working?

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconTermination
Dear Client, Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory p...
question iconFnF amount not received
Dear Sir 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 labou...
question iconNo Leave Encashment - Worked for 18 plus years in the organization
Dear Client, Leave Encashment Rules for private companies vary according to their policies and local regulations. Each company has a unique leave encashment policy. Some may have a cap on the number o...
question iconSalary FnF not done
Dear Client, Your query requires more details and transparency in explaining the cause of action that attracts legal remedies. However, it may be noted that if you tender your resignation following th...
question iconShift Allowance
Dear Client, If the payment of shift allowance does not appear in your offer/appointment letter or the wage and salary policy of the Company, you cannot claim it as a matter of right. Other than the d...