I am not getting full & final payment
3 weeks ago
I am not getting full & final payment from my previous employer. What actions I can take ?
The Company is not allowed to withhold your Full and Final Settlement amount after the resignation. In no way, the company can reject the settlement in this situation. In order to address the default, you can send a legal notice to the company and demand for the recovery of settlement amount. You can also file a complaint before the State Labour Commissioner regarding the unpaid settlement dues. Further, if your concerns are not addressed, you can file a suit against the employer under Section 33C(2) of the Industrial Dispute Act, 1947 and seek for the recovery of amount. If you are not covered under the definition of workmen in Section 2(s) of the I D Act, then you can file a civil suit. You can file a case before the jurisdictional civil court under the Order 37 of the Civil Procedure Code, 1908 and seek for the FNF settlement. If required, you can consult an advocate for advice and compliance.
Hope it helps.
Thank you
If an employer withholds an employee's Full and Final Settlement dues upon cessation of employment, it constitutes unfair labor practice. In such a scenario, serving a legal notice to protest the employer's actions is necessary. If the employee is classified as a workman under the Industrial Dispute Act, filing an application under Section 33C(2) before the State Labour Court for claiming dues is recommended. If the employee holds a managerial or administrative position, filing a civil suit before the Civil Court is the appropriate course of action to seek relief.
On cessation of employment of an employee, the employer cannot withhold his F & F Settlement dues. Such an act on the part of the employer is amounted to unfair labour practice. In the prevailing situation, you need to serve a legal notice protesting the arbitrary and unethical action of the employer 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 for such an arbitrary and illegal action, file an application u/s.33C(2) of the Industrial Dispute Act, 1947 before the concerned State Labour Court claiming dues from your employer. In case you are holding the position of Manager or Administrative Officer in the Company, you have to file a civil suit before the Civil Court for appropriate relief. Feel free to contact our legal team if you need our expert service to navigate your legal issues in the right way.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
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.]
*****
Asking For RTI
Mental Harrasment by professor
Inquiry for RTI act 2005
Notice pay amount and reliving letter
Smt Deepti Ravi Heblekar
