90,000+ Legal Questions Answered

Not received my Final Settlement and Relieving Letter after four months Not received my Final Settlement and Relieving Letter after four months

11 months ago

I had been working for the company last 16 years and due to my personal growth I left that company four months back I had served 2 month's notice period as per the company policy and did properly done my handover process.
Now I didn't receive my reliving letter and final settlement (Last month salary, Leave surrender, and Last two month Travel expenses etc.. even send many follow-up emails but I didn't receive and response yet. Kindly suggest me how to take it forward now.

Anik

Responded 11 months ago

View All Answers
A.Hello,
As per the information you have mentioned you can request your employer to immediately issue the relieving letter. If he does not obliges, send him a legal notice demanding that he immediately issue the relieving letter along with salary slips. If he doesn't comply, initiate legal action.
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

Legal Counsel Vidhikarya

Responded 11 months ago

View All Answers
A.Dear Client,

In the given situation you should first serve a legal notice by registered post to the Ex-Company explaining your grievance putting a mandate of 10 days to respond. In case you did not get any response on the expiry of time limit or receive an unsatisfactory response, reach out to the office of the concerned Labour Commissioner to file a complaint against the Company over the non-issue of relieving letter on resignation and non-disbursement of F & F Settlement dues. You may file an Application u/s.33C(2) of I D Act before the Labour Court concerned in a prescribed form claiming settlement dues from your employer. For any kind of assistance you need for the drafting of a complaint or application before the authority or Labour Court, you may contact our legal team for the purpose along with your all relevant papers.
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

Kishan Dutt Kalaskar

Responded 11 months ago

View All Answers

A.Dear Sir,

Please approach the following authority or similar authority in a state


The Office Commissioner of Labour

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.]

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

Read Related Answers

question iconVariable Pay Components - How to add Variable pay in offer letter and salary slips
Dear Client, Variable pay or compensation is determined based on two main factors – the employee's performance and the company's overall performance. An employee becomes eligible to get variable pay...
question iconlayoff as BU is closing
Dear Client, Apart from compliance with the statutory formalities required under the Companies Act, 2013 for the closer of the business of a company or part of it, the Company has to comply with the s...
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...