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Full and final settlement
5 months ago
I have 2 month notice period but I served 1 month and for another month paid full month salary I don't have reliving letter and mail acceptance so they were not providing my full and final settlement amount what to do now
A.Dear Client,
If you have completed one month of the two-month notice period and paid the full month's salary, but are facing issues obtaining a relieving letter and acceptance of your resignation through email, it can create complications in receiving your full and final settlement. To address this, you may consider taking the following steps. Firstly, reach out to your HR department or the concerned authority in writing, requesting your relieving letter and acknowledgment of your resignation. Clearly communicate your concerns about the pending full and final settlement and emphasize the importance of these documents for your future employment opportunities. If there is no response or cooperation, consider seeking assistance from a legal professional or labor union to intervene on your behalf. Document all communication attempts for reference. If the issue persists, you may explore legal options such as filing a complaint with the labor department or pursuing legal action for non-compliance with employment terms. Consulting with a labor lawyer will provide you with specific guidance tailored to your situation and jurisdiction, helping you navigate the process to secure your full and final settlement.
If you have completed one month of the two-month notice period and paid the full month's salary, but are facing issues obtaining a relieving letter and acceptance of your resignation through email, it can create complications in receiving your full and final settlement. To address this, you may consider taking the following steps. Firstly, reach out to your HR department or the concerned authority in writing, requesting your relieving letter and acknowledgment of your resignation. Clearly communicate your concerns about the pending full and final settlement and emphasize the importance of these documents for your future employment opportunities. If there is no response or cooperation, consider seeking assistance from a legal professional or labor union to intervene on your behalf. Document all communication attempts for reference. If the issue persists, you may explore legal options such as filing a complaint with the labor department or pursuing legal action for non-compliance with employment terms. Consulting with a labor lawyer will provide you with specific guidance tailored to your situation and jurisdiction, helping you navigate the process to secure your full and final settlement.
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A.Dear Client,
Regardless of the status of an employee, and irrespective of reasons behind the cessation of the relationship between an employer and employee, an employee deserves a relieving letter and full and final settlement of dues for the period he was in employment. An employer cannot withhold these service-linked benefits that amount to unfair labour practices. So, in the prevailing situation, 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 office of the concerned office of the Labour Commissioner to file a complaint against the Company over alleged arbitrary and unfair labour practice and simultaneously file an application u/s.33C(2) of Industrial Disputes Act, 1947 before the concerned Labour Court claiming entire dues payable as F & F Settlement dues on resignation, Or else an employee who belongs to the manager/supervisory category, he/she has to pursue a civil suit before a Civil Court for recovery of his/her dues from the Company. Claim application before the Labour Court should be filed within one year from the date of dues become payable to an employee. In case you need any legal assistance in this regard, you may contact our legal team for the purpose.
Regardless of the status of an employee, and irrespective of reasons behind the cessation of the relationship between an employer and employee, an employee deserves a relieving letter and full and final settlement of dues for the period he was in employment. An employer cannot withhold these service-linked benefits that amount to unfair labour practices. So, in the prevailing situation, 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 office of the concerned office of the Labour Commissioner to file a complaint against the Company over alleged arbitrary and unfair labour practice and simultaneously file an application u/s.33C(2) of Industrial Disputes Act, 1947 before the concerned Labour Court claiming entire dues payable as F & F Settlement dues on resignation, Or else an employee who belongs to the manager/supervisory category, he/she has to pursue a civil suit before a Civil Court for recovery of his/her dues from the Company. Claim application before the Labour Court should be filed within one year from the date of dues become payable to an employee. In case you need any legal assistance in this regard, you may contact our legal team for the purpose.
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