Less Full and final settlement
2 weeks ago
Hi I had recived less amount in my F&F .When i had enquired they said that they had adjusted leave without pay for 13 days .Wheras i had not taken any leave and serve my complete notice period date which they had mention for dedution during that 13 days i had worked from home and informed my manager also on call.I had marked attendance also during those days now no one is responding on mail and call.
Please suggest what legal action i can take.
In this case it is strongly suggested that you send a legal notice through a lawyer and seek the rest of the money that they have deducted from your full and final settlement
The Company is not allowed to withhold your Full and Final Settlement amount after the resignation. However, they can deduct an amount proportional to the unfulfilled portion of the notice period from the FNF settlement amount. So, ensure that you have served the notice period before taking any legal actions. In this case, 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 before the Labour Court under Section 33C(2) of the Industrial Dispute Act, 1947 (ID Act) and seek for the recovery of the 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 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.
In the given scenario, serving a legal notice to the Company, file an application before the State Labour Court under Sec.33C(2) of the Industrial Disputes Act, 1947 claiming your dues(13 days short payment) from the company provided you are a workman as defined under Sec.2(s) of the I D Act. Otherwise, if you were holding the position of Manager or Administrative Officer in the company then you have to file a civil suit against the company for recovery of your dues.
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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