company F&F
10 months ago
Hi,
Recently I resigned from a broking company. Company is in broking and insurance.
After 45 days of resignation they are holding my full and final settlement.
I was working as a Branch Manager and some clients had debit in their account.
My question is can a company hold resigned employees F&F for any reason and if so what is the immediate legal remedy for the outstanding from the company.
A.In accordance with the provisions of their employment agreement or contract, an employee may offer his resignation from a company. A company is obligated to pay the F & F Settlement of the departing employee and cannot do so outright. Such an arbitrary action is referred to as unfair labour practise on the part of the Company. If the terms of employment require 45 days notice for tendering resignation and compliance with said provision of the employment contract, and on expiration of said 45 days of the notice period. To file a complaint against the Company for the suspected unfair labour practises, you can deliver a legal notice to the Company and contact the office of the relevant Labour Commissioner under section 33C
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A.Dear Client,
An employee can tender his resignation from the service of a Company following the terms or contract of employment. If the terms of employment require 45 days notice for tendering resignation and compliance of said provision of the contract of employment and on expiry of said 45 days of the notice period, a Company is duty bound to disburse the F & F Settlement of the outgoing employee and cannot withhold the same outrightly and such an arbitrary action is termed as unfair labour practice on the part of the Company. In the prevailing situation, you can serve a legal notice to the Company and reach out to the office of the concerned Labour Commissioner for filing a complaint against the Company for the alleged unfair labour practice for the redressal of 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.
An employee can tender his resignation from the service of a Company following the terms or contract of employment. If the terms of employment require 45 days notice for tendering resignation and compliance of said provision of the contract of employment and on expiry of said 45 days of the notice period, a Company is duty bound to disburse the F & F Settlement of the outgoing employee and cannot withhold the same outrightly and such an arbitrary action is termed as unfair labour practice on the part of the Company. In the prevailing situation, you can serve a legal notice to the Company and reach out to the office of the concerned Labour Commissioner for filing a complaint against the Company for the alleged unfair labour practice for the redressal of 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.
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