Full & Final Settlement Not Done Full & Final Settlement Not Done

9 months ago

Dear,

My Employer did not do the "full and final settlement and did not give Form 16". When I resigned on the same date after 2 hours, all access stopped. The following day, call and say we reassigned you. I was saying, I want a served notice period. Then He said, We will give you your salary.  
Right now, a 7-month pass has not been received in full and final form 16. Only receive six days salary. (My resignation date is the 6th, so 6 days.)
Please suggest what I can do.

Thanks

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
If you tendered your resignation following the terms and conditions of the contract of employment serving a notice and notice period, then the employer is duty bound to disburse your Full and Final Settlement dues on the expiry of your notice period. Both in case of delay and denial for payment of F & F dues by the employer, you need to serve a legal notice to your employer for payment of dues within 10 days of receipt of notice failing which you are required to file an application under Sec.33C(2) of the I D Act before the concerned Labour Court claiming entire dues from the employer. In case, you need any assistance in this regard you may contact our legal team alongwith all the relevant papers.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

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A.Dear client,
File a complaint with the labour commissioner against the company for paying all your dues salary and gratuity whatever is remaining the labour commissioner shall try to mitigate with the company if company fails to pay the matter shall be put on board with the labour court .

First a notice to the HR and the management of the company can be served if they fail to take steps then a labour court case or civil suit based on jurisdiction can be filed.
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