Can I claim compensation for Full and Final Settlement delayed by 7 months?
I was working for a Second Homes real estate company as a Sr. Designer for more than 5 years. I was given 3 months of maternity leaves for my third child. They gave me only 2 months salary. August 25th 2017 was my last day of maternity as per the company. I sent them an email on 16th August 2017 requesting to extend my maternity leaves for 3 more months without pay as no crèche was ready to enroll a 3 months old baby. But they refused and forced me to come and resign without serving the notice period. I tried all possible ways to safeguard my job but they did not agree. I resigned as I never wanted to create any issue. They assured me to clear my FNF within 90 days is spite of my appointment letter that mentions 45 days. I politely agreed and did not disturb them till 25th November 2017. On 27th November I sent an email to the HR Manager/Head reminding about my FNF that includes my Salary, Gratuity, experience cum relieving letter and PF withdrawal. The MD also had bought SIM cards on my name and various other employees’ name to enhance his real estate business. I and everyone gave the consent to use our documents to avail SIM cards fearing loss of job. The consent also states that the SIM cards will be deactivated immediately if the respective employee resigns. But they have till now not deactivated those SIM cards. It’s been 7 months now the MD or HR has not cleared my FNF. I have been sending HR manager, MD reminders continuously since 27th November 2017. I am tired of following up. They give funny reasons that the accountant is not available, HR is busy in interview etc. Please help as to how can I get my FnF as well as compensation for this mental harassment.
Asked 4 years ago in Labour
Thanks a lot Mr. Sethi, last night the employer reverted with FnF and graduity calculation confirmation. However they want to deprive me of exercising my basic rights of raising compensation and they want me to give it in writing that I have got all my dues and I will not raise any more claim with the employer. Only if I give this confirmation in writing they will credit my FnF along with gratuity. It is imperative to note that in my 7th reminder to employer I have asked them for compensation of rs 5 lacs against the mental harassment and delay of 7 months. Pls guide do I have a legal and firm stance in the first place to fight this with the given employer. Because employer with dictatorship mindset should be taught lesson. Pls guide as I believe reason for his prompt replay is bcoz in my 7th reminder I copied labour commissioner office and women welfare department e-mail ids. So to avoid any legal actioning the MD has fasten up my FnF process.
Asked 4 years ago