• 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

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9 Answers

First of fall give them a legal notice stating all the true facts and asking FNF settlement along with interest for delay beyond 45 days as mentioned in appointment letter .

If they donot clear your dues file two case/ complaint with labour commissioner the labour comssioner shall issue notice to company for settlement funds if the issue is not settled amicable or the party doesnot turn up the salary matter shall be put up on board of labour court. And second under labour commissioner is competent authority to decide the graturity under payment of gratuity act,under section 4 of payment of gratuity act an employer cannot deny the graturity as it is right.

These department are helpful departments and they shall guide from filing a complaint to execution even without lawyer or you can hire lawyer for assistance. There are prescribed form for filing complaint that can be made available in office of labour commissioner and any competent lawyer will help you with your case and the grievance shall be addressed really fast.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) issue legal notice to company to clear your outstanding dues

2) also call upon them to deactivate sim cards taken in your name

3) also call upon company to issue you experience and relieving letter

4) if company refuses to do so take legal proceedings against compay to recover your outstanding dues

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. Do not make any written acknowledgement unless and until you get all the payments and demons are met.

2. Since they have undertaken measures to pay you shortly , you better wait for sometime . if this time also fail to keep their promise or commitment then lodge a complaint with Police under section 416, 420, 406 IPC for cheating, criminal breach of trusts and criminal personation.

3. You have rightly taken the decision of lodging complaint with the Labour Commissioner.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) give written confirmation only when the payment and reliving letter is given to you and your sim is deactivated.

2) Donot give prior endorsement on anything as employer is trying to trick to get endorsement before paying anything.

3) Issue employer a legal notice if today within 3 days your dues with interest and your reliving letter is not issued along with sim deactivation.

In notice also claim damages you have suffered for mental harrasment and due to reliving letter in your career quote amount of damages you want to recover.

4) Any further delay complaint to labour commissioner the matter will be taken promptly and you shall be entitled to interest and damages.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

It is better to accept company offer of settlement together with gratuity payment

2) litigation is long drawn and expensive proposition

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Send them a legal notice for the same through an advocate and claim the said amount with compensation. If they still not agree you need to approach the court for remedy.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Hello,

You have all the legal rights to claim the compensation.

Even if you are signing any letter sign the same under protest.

Send a legal notice to your employer at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The company is adopting dilatory tactics to avoid settlement of F&F payment.

Did you remind the company in writing about it and sent the communication by registered post with an acknowledgment card?

Was there any reply in writing by the company in this regard.

However you can issue a legal demand notice to the company asking for settlement of your dues and also interest for the amount from the date of its due.

This may provoke them and as a retaliation they may try to take some action which may not be maintainable or tenable in law, but should not deter your determination.

You can approach civil court with a suit for recovery of money.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

In the name of a claim for compensation you would be losing your peace, energy and more money because there is no law to grant compensation.

The employer may come out with his own evil design for refusing to pay compensation and being a mighty organisation they wont mind to spend huge amount towrds litigation and lawyer expenses, so ultimately you may not get any justice on that despite losing the case.

Decide wisely by first accepting the the settlement.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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