Full n Final Settlement- Relieving and Experience Letter not Provided by Employer
2 months ago
As per my Employer Appointment Letter, I was having 3 months notice period, so I asked my employer
I will serve notice period of 1 month and will buyout the 2 months notice period as per the clause given in appointment letter.
But my employer refused me to do that and said you only have to serve 3 months notice period and neglect the clause of appointment letter which I highlighted him, before resigning via mutual discussion.
Even I have balance of 28 days Earned Leaves, 16 days salary and some overtimes. Also employer has balance towards me of Rs. 28000/- which was taken against salary.
So, I have serve 1 month notice period and left the company and asked my previous employer to give me full and final settlement, relieving and experience letter by reminding them via mail for 10 months.
After 10 months they replied to my mail and asked me to come for mutual discussion in their office for full and final settlement. I attend that discussion and then provide me partial full and final settlement
which does not include my overtimes and no clarification on calculation, how they calculated. So again after this meeting I send them reminder mail for provide me detailed calculation with including overtimes.
My previous employer is refusing me to pay for overtime, as I have provided him all my timesheet records of overtime. He is only agree to pay me for one of the project overtime and not for remaining.
So, now I am continuously every month sending one reminder to my previous employer to provide me detailed calculation of full and final settlement, relieving and experience letter.
It is now 14 months already completed, but my previous employer not providing anything from above.
So Please advise me what should I do further.
If an employer withholds full and final settlement dues, as well as relieving and experience letters upon the cessation of employment, it constitutes unfair labor practice. In the given scenario, if you qualify as a workman under Sec.2(s) of the Industrial Dispute Act, 1947, you can serve a legal notice to the company and approach the office of the Labor Commissioner to file a complaint against the company for alleged unfair labor practices. Additionally, you can file an application under Sec.33C(2) of the I D Act before the Labor Court to claim your entire dues. However, if you hold a managerial or supervisory position, you need to file a civil suit against the company for appropriate relief. Seeking guidance from a legal professional is recommended.
A.Dear Client,
On the cessation of employment, withholding of full and final settlement dues, relieving and experience letter by the employer amounts to unfair labour practice. In the given situation, if you are a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947, then serving a legal notice to the Company reach out to the office of the concerned Labor Commissioner for filing a complaint against the Company over alleged unfair labour practice to resolve the dispute. Additionally, file an application under Sec.33C(2) of the I D Act before the concerned Labour Court claiming your entire dues receivable from the Company. Otherwise, if you are holding a position of Manager or Supervisor then you have to file a civil suit against the Company seeking appropriate relief in the matter. Reach out to an Advocate for guidance and steps.
Seeking Legal Advice Regarding Employment Issue
Accountant in a production house
Not paid the April month salary
Salary deduction for not serving notice period
Less Full and final settlement
