FLF on hold FLF on hold

6 months ago

I have resignation on 10 sep . By mail they conform acceptance of resignation and 1 month notice period ending on 9th November.
According to them they will keep the salary of these perion on hold and will give FLF in December like 45 days, how will I survive in Nov

Anik

Responded 6 months ago

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A.Dear Client,
Employers typically conduct the Full and Final Settlement (FnF) process after your notice period ends. This includes settling any pending dues, such as salary, leave encashment, and other benefits. However, the timing of FnF can vary from one company to another. If your employer does not follow the terms of your employment contract or delays your FnF settlement unreasonably, you may approach labor authorities.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
From the contents of the query, it appears that you tendered your resignation on 10th September which was accepted by the Company by email and your employment will be severed or seized after one month's notice period on 09th November. Normally, on cessation of employment for resignation, the employer cannot withhold the F & F Settlement dues and is duty-bound to disburse the same to the outgoing employee within a fortnight unless the contract of employment expressly specifies payment of F & F Settlement on a deferred date as stated by you in your query. So, if the contract of your employment is silent on the subject, 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 after serving a legal notice to the Company, reach out to the concerned Labour Court for filing an application under Sec.33(C)(2) of the I D Act claiming F & F dues receivable from the Company on resignation. The application shall be made before the Labour Court within one year from the date on which the money became due to the workman from the employer.
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Vidhi Samaadhaan Vidhi Samaadhaan

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