Not got full and final settlement from the company
9 months ago
my husband was asked to submit the resignation , and according to the law either employee has to serve three month notice period or company has to pay the three month sal + arrears , but neither they ask to serve notice period and not they paid us our fnf last working date was dec 2022. its been 6 months now what to do
A.Dear Client,
An employee cannot be asked or forced by the Company to submit or tender resignation from the Company which amounted to victimization and unfair labor practice on the part of the employer. An employee can tender his resignation from the service of a Company whenever he wishes following the terms or contract of employment. If the terms of employment require three months notice period for tendering resignation and on non-compliance or breach of said terms of the contract of employment by the employee, a Company can deny relieving letter and F & F Settlement of the outgoing employee. So, go through the terms or contract of employment and if it appears to you that there is no breach on your part then serve a legal notice to the Company and file a complaint before the concerned Labour Commissioner against the Company for victimization and unfair labour practice to redress your grievance failing which you need to file an application before the concerned Labour Court u/s.33C(2) of Industrial Dispute Act, 1947 claiming recovery of dues from the employer. In case you need any legal services/assistance in this regard, you may contact our legal team with all the relevant papers.
An employee cannot be asked or forced by the Company to submit or tender resignation from the Company which amounted to victimization and unfair labor practice on the part of the employer. An employee can tender his resignation from the service of a Company whenever he wishes following the terms or contract of employment. If the terms of employment require three months notice period for tendering resignation and on non-compliance or breach of said terms of the contract of employment by the employee, a Company can deny relieving letter and F & F Settlement of the outgoing employee. So, go through the terms or contract of employment and if it appears to you that there is no breach on your part then serve a legal notice to the Company and file a complaint before the concerned Labour Commissioner against the Company for victimization and unfair labour practice to redress your grievance failing which you need to file an application before the concerned Labour Court u/s.33C(2) of Industrial Dispute Act, 1947 claiming recovery of dues from the employer. In case you need any legal services/assistance in this regard, you may contact our legal team with all the relevant papers.
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A.Dear client,
If the amount of due salary exceeds Rs. 1 Lakh then you can send the demand notice U/s 8 of the Insolvency and Bankruptcy Code, 2016 as per the prescribed format. if you due amount will not paid after that then subsequently you can file an Application under section 9 of the Insolvency and Bankruptcy Code before the Jurisdictional National Company Law Tribunal for initiating Corporate Insolvency Resolution Process.
However, if after service of demand notice they will not pay the due amount then please assess the cost and benefit ratio of your case.
If the amount of due salary exceeds Rs. 1 Lakh then you can send the demand notice U/s 8 of the Insolvency and Bankruptcy Code, 2016 as per the prescribed format. if you due amount will not paid after that then subsequently you can file an Application under section 9 of the Insolvency and Bankruptcy Code before the Jurisdictional National Company Law Tribunal for initiating Corporate Insolvency Resolution Process.
However, if after service of demand notice they will not pay the due amount then please assess the cost and benefit ratio of your case.
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