FnF settlement was deducted by employer without any information to me FnF settlement was deducted by employer without any information to me

2 weeks ago

In my last job, I'll join through a third party hiring company, after resignation, i am not able to serve the last 5 days in a notice period. Now the HR of the company was not responding to my calls, when I called to that third party hiring company customer care they're saying your FNF was processed, but I'll not receive that money in my bank account. Is there any way that get my salary. Please give any solution for this situation.

Anik

Responded 1 week ago

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A.Dear Client,

First try to resolve it internally with the management of your company by sending a letter to the HR of the Company including the concerned director informing him/her about the situation and the circumstances which resulted into the non-payment of your fnf. If no immediate actions are taken, or if they do not respond, or act contrary then take professional legal assistance and send a legal notice. In furtherance to which if they are replying to the legal notice and making the payment well and good, and if not proceed to the labour court and file the case for the same.

Hope this helps.

Thank you.
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Abhimanyu Shandilya

Responded 1 week ago

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A.Dear Client
If your Full and Final settlement is done then you must get whatever amount, to your account. In case they do not credit the amount then send legal notice to them. For sending legal notice please get in touch with Vidhikarya team and we shall do the needful.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 weeks ago

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A.Dear Client,
In the given scenario, you just serve a legal notice to your Company demanding the issue of a relieving letter and for disbursement of F & F settlement dues receivable on your resignation. In case the matter is not resolved, then file an application under Sec:33C(2) of the Industrial Dispute Act, 1947 before the State Govt. Labour Court for recovery of entire dues receivable from the Company on resignation. You may also file a civil suit against the Company before the Civil Court for appropriate relief in the matter. Reach out to an Advocate handling service matters for guidance and steps to resolve the issue in the right way.

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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 weeks ago

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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.]

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