Delay in FnF settlement from employer
6 months ago
As per the new wage code, FnF settlement should be done within 2 business days of the last working day.
However my last working day was 29th September and today is 16th October, I have still not received my FnF yet. Can I file a complaint against my employer and demand a compensation or penalty for the delay?
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
https://clc.gov.in/clc/regional-offices/bangalore#:~:text=1.&text=Shram%20Sadan%2C%203rd%20Main%2C%203rd,Yeswanthpur%2C%20Bangalore%2D560022..
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
*****
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
https://clc.gov.in/clc/regional-offices/bangalore#:~:text=1.&text=Shram%20Sadan%2C%203rd%20Main%2C%203rd,Yeswanthpur%2C%20Bangalore%2D560022..
=======================================================================
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
*****
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A.Dear
Contact your employer: Firstly, try to reach out to your employer to inquire about the delay in your FnF settlement. It's possible that there might have been an administrative or procedural issue causing the delay. Communicating your concerns directly with your employer could help in resolving the matter.
Refer to the labor department: If you are unable to reach a resolution with your employer, you can consider reaching out to the labor department or relevant authorities in your area. File a formal complaint with them, providing details of the delay and any relevant documentation to support your case
Contact your employer: Firstly, try to reach out to your employer to inquire about the delay in your FnF settlement. It's possible that there might have been an administrative or procedural issue causing the delay. Communicating your concerns directly with your employer could help in resolving the matter.
Refer to the labor department: If you are unable to reach a resolution with your employer, you can consider reaching out to the labor department or relevant authorities in your area. File a formal complaint with them, providing details of the delay and any relevant documentation to support your case
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A.Dear Client,
The new Code on Wages Bill was passed by both the House of Parliament i.e, Lok Sabha and Rajya Sabha and received the President's assent on 8th August 2019. But the date of coming into force of the Code is yet to be notified in the official gazette. So, until and unless it is enforceable by a gazette notification, you cannot seek its implementation for redressal of your grievance or complaint against the Company as of now. At the time, you need to go through your contract of employment or offer letter to find out whether any time limit is specified for disbursement of your F & F Settlement dues on cessation of your employment. In case you find no specified time frame for the purpose, then serve a legal notice to the Company 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, file an application under Sec.33C(2) of I D Act before the Labour Court concerned for recovery of your F & F Settlement dues receivable from the employer/Company. The application claiming dues from the employer is required to be filed within one year before the Labour Court. Otherwise, you have to file a civil suit against the company before the Civil Court for appropriate relief in the matter.
The new Code on Wages Bill was passed by both the House of Parliament i.e, Lok Sabha and Rajya Sabha and received the President's assent on 8th August 2019. But the date of coming into force of the Code is yet to be notified in the official gazette. So, until and unless it is enforceable by a gazette notification, you cannot seek its implementation for redressal of your grievance or complaint against the Company as of now. At the time, you need to go through your contract of employment or offer letter to find out whether any time limit is specified for disbursement of your F & F Settlement dues on cessation of your employment. In case you find no specified time frame for the purpose, then serve a legal notice to the Company 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, file an application under Sec.33C(2) of I D Act before the Labour Court concerned for recovery of your F & F Settlement dues receivable from the employer/Company. The application claiming dues from the employer is required to be filed within one year before the Labour Court. Otherwise, you have to file a civil suit against the company before the Civil Court for appropriate relief in the matter.
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