F and F Settlement is on hold F and F Settlement is on hold

9 months ago

Dear Sirs,
My FNF kept hold for last 3 month reason for this is my one customer not paid one amount it was more than a year. Company holded 2% as a security and saying it will get released once the company get the payment from customer. Please advice

Legal Counsel Vidhikarya

Responded 9 months ago

View All Answers
A.Dear Client,
On cessation of employment of an employee, the employer cannot withhold his F & F Settlement dues for an indefinite period subject to any condition in the absence of any specific stipulation of that condition in the contract of employment. Such an act on the part of the employer is amounted to unfair labour practice. In the prevailing situation, you need to serve a legal notice objecting to the unfair labour practice of the employer and if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and illegal action, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance. However, in case you need any assistance in the matter of service of the legal notice and filing the complaint before the concerned Labour Commissioner, you may contact our legal team with the 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

Anik

Responded 9 months ago

View All Answers
A.Dear client,

I understand that you are facing a delay in receiving your Full and Final settlement (FNF) from your company for the past three months. The reason cited by your company for withholding the amount is the non-payment from one of your customers, which has been pending for over a year. According to the company's policy, they have held 2% of your FNF as security until they receive the payment from the customer.

In such situations, it's essential to review your employment contract, company policies, and any relevant agreements that might govern the FNF process. Companies may have specific provisions for withholding amounts under certain circumstances, such as unpaid dues from customers.

If you believe that the delay is unjustified or if there are discrepancies in the calculations of your FNF, it is crucial to communicate with your company's HR or finance department to seek clarification on the matter. Politely request a breakdown of the amount being withheld and seek an explanation for the delay in processing your FNF.

If your company continues to hold the amount without proper justification, you may consider seeking legal advice from an employment lawyer. They can assess the situation, review relevant documents, and advise you on the appropriate steps to take to resolve the issue.

In the meantime, keep all communication with your company in writing and maintain records of any correspondence related to your FNF. This can be valuable evidence should you need to escalate the matter legally or negotiate with the company to release the withheld amount.
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 iconNeed help in securing my stake that was promised verbally
Dear Client, Verbal promises or commitments as to a 4% stake in the company do not constitute a valid agreement. So, in absence of a contract on the subject, you can't sue or take any action against t...
question iconSeeking Legal Advice Regarding Employment Issue
Dear Client, Usually, PSUs enter into agreements with outsourcing agencies that provide manpower for a particular project or for general day-to-day work in a particular department. PSUs go for outsour...
question iconAccountant in a production house
Dear Client, The relationship between a probationer and the employer is also governed by the terms of the contract of employment or offer letter. A Probationer is not treated as an employee in the pe...
question iconNot paid the April month salary
Dear Client, In the prevailing situation, after serving a legal notice for the cause, a complaint against the School Management can be lodged over non-payment of salary to the National Council of Teac...
question iconSalary deduction for not serving notice period
Dear Client, It is very tricky situation when there is no formal agreement signed between employer and employee but it becomes an implied oral contract,if want to be taken then send a legal notice t...