Legal Advice Needed: Delayed FnF and Unjust Deductions
9 months ago
I was working in a company in Gurgaon as a Sr. iOS Developer. My FnF is still pending. Before my resignation, the company's laptop was damaged in a short circuit, and now they are deducting the amount of repairing from my salary. I received my salary for March and April. After leaving the company, they are also asking for knowledge transfer, even though it's been 2 months since I left the company.
A.Dear Client,
Withholding of F & F Settlement dues payable by a Company to an ex-employee on cessation of employment on the ground of resignation or retirement in the absence of any cogent and valid reason is termed as unfair labour practice as defined u/s.2(r) and Fifth Schedule of I D Act, 1947. So in the prevailing situation, it may be suggested that 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 action and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you may file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. Otherwise, you have to file a civil suit before the Civil Court to obtain appropriate relief in the matter.
Withholding of F & F Settlement dues payable by a Company to an ex-employee on cessation of employment on the ground of resignation or retirement in the absence of any cogent and valid reason is termed as unfair labour practice as defined u/s.2(r) and Fifth Schedule of I D Act, 1947. So in the prevailing situation, it may be suggested that 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 action and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you may file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. Otherwise, you have to file a civil suit before the Civil Court to obtain appropriate relief in the matter.
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A.Dear client,
Withholding of terminal benefits (payments due at the time of full and final settlement) by the company (employer) is illegal as well as unjustified. In case of delay, an employee can legally claim an appropriate interest upon the delayed payments. It may be noted that there can be no such “policy” in terms of which the company can withhold your terminal benefits. In case any such “policy” exists, then that “policy” by itself is illegal and unenforceable in law. It may further be noted that pendency of clearance of payments of previous employees is no reason, much less a valid reason, to withhold your payments to which you are legally entitled too. You can, therefore, take a legal action against the company by sending a legal notice through a lawyer followed by a civil suit for recovery.
Withholding of terminal benefits (payments due at the time of full and final settlement) by the company (employer) is illegal as well as unjustified. In case of delay, an employee can legally claim an appropriate interest upon the delayed payments. It may be noted that there can be no such “policy” in terms of which the company can withhold your terminal benefits. In case any such “policy” exists, then that “policy” by itself is illegal and unenforceable in law. It may further be noted that pendency of clearance of payments of previous employees is no reason, much less a valid reason, to withhold your payments to which you are legally entitled too. You can, therefore, take a legal action against the company by sending a legal notice through a lawyer followed by a civil suit for recovery.
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