My previous employer is not providing me the full and final settlement. They are not providing proper reason for this , I have served the notice period and gave the handover , but in regional office one case is going on with the party u was handeling , regional HR is telling orally that he will send my file to head office , only when the party will appear in court In this situation , I will have to wait endlessly for my relieving letter and full and final settlement Please suggest what is the legal action for this matter
Once the notice of resignation is served, they you are eligible for salary and other benefits till the last day working in the company.
You can approach the Asst. Labour Officer in your area/circle or meet District Labour Officer who will direct you to ALO for claiming the dues. However before meeting any labour authorities, make necessary efforts directly with the establishment and create records showing they are deliberately holding your dues.
Dear client,
Complain to Labour commissioner.
See give a legal notice to the employer of on notice amount is not paid a suit for recovery of the amount can be filed along with the relieving letter.
issue legal notice to ex employer to pay your dues and relieving letter
2)if company refuses to do so file summary suit under order XXXVII of code ofcivil procedure to recover your money with interest
1. Since you have served the notice period, as well as handed over the charge and the employer has not yet relieved you from the services of the company, and also not settled your full and final settlement, send a legal notice urging you to be relieved forthwith, alongwith the final settlement.
2. Complain against the employer to the jurisdictional Assistant Labour Commissioner, to intervene in the matter.
1) Ask HR exact date when you will receive your full n final settlement amount.
2) If you have performed proper resignation and left the organisation than HR has to provide you relieving letter.
3) You have to send proper notice to the company HR office and CC to head office.
Dear Sir,
You can approach the Labor Commissioner as follows
officer 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.
1. If you have resigned in accordance with the contractual obligations then employer is bound to make full and final settlement,
2. Serve a lawyer's notice to the employer, and if the settlement is still not made then you can file a suit for mandatory injunction against him in the civil court.
File a suit for recovery of money in jurisdictional court seeking dues of your amount with interest. Firstly send them a notice and thereafter file a suit. You will be able to get your amount along with interest.
First you exhaust the remedies with your employer by sending a letter in writing by registered post demanding your dues and the relieving letter.
Let an official denial be received from their end.
After that you send a legal notice on the same lines followed by legal action through court of law.
Discuss at length with a local advocate and proceed.
You can send them the legal notice. After that you can file a Complaint with labour commissioner. The same will be resolved through mediation and if not then you can proceed labour Complaint for trial.
