• Delay in final settlement after resignation

After my last working day at my previous organisation which is an Embassy of a foreign country i was sent an email that my dues will be settled within 10 working days. It was been 78 days since i resigned and i have sent several email reminder to the accounts team but they wont commit date when i will be given my dues. Please advise what legal action i can take and if i can claim compensation for this delay. My CTC was approx 8lacs
Asked 7 years ago in Labour

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12 Answers

in the facts and circumstances of the case you will have to serve a legal notice to your employer asking him to repay the entire full and final settlement amount along with interest within 15 days of receipt of the legal notice.

 

if they fail to do so, you can file a suit for recovery in civil Court against them in order to recover your Lawful dues.

 

Alternatively, complaint can be given to the deputy labour commissioner against them as well.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

issue legal notice to your ex employer to clear your dues 

 

2) if dues are not received file summary  suit  to recover your dues with interest 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

  1. You can write email to Embassy of foreign country and HR head regarding you full n final payment not received.
  2. Keep into cc External ministry affairs.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See you can issue a notice seeking your full and fin settlement and seeking interest on the delay and seeking notice cost from them.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

To claim left over , first send legal notice, still not paid, complain to labor commissioner.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Hello,

 

Were you a contractual employee or on roll? 

First step will be to send a legal notice to them then thereafter after seeing your terms of employment you may approach the court as per the conditions stipulated therein. 

Let me know if I can be of some help to you. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You need to first send a legal notice and thereafter file a Complaint with labour commissioner. It will be resolved through mediation. If not then you can proceed with the Complaint in labour court for trial.

Prashant Nayak
Advocate, Mumbai
34590 Answers
249 Consultations

1. Well, since your employer is defaulter in clearing your dues you have only legal recourse to explore to get your dues.

2. So file a civil suit in the local court for recovery of money.

3. The foreign embassy would not like to be embroiled in a litigation and hence it is expected that once you file the suit they would come forward and make out of court settlement of the dispute.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

Send legal notice to HR HEAD and MD, by referring all incident. You will get soon, if not then approach to labour department. Thereafter you can file recovery case in labour court also. 

Mohammed Mujeeb
Advocate, Hyderabad
19344 Answers
32 Consultations

Give a legal notice reminding them of the due amount and also file an application with the ministry of external affairs so that they may exert some pressure on them. This is a unique problem and hence you could file a case in the labour court.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Now serve a lawyer's notice to the employer to release the full and final settlement in a time bound manner.

2. If the settlement is still not done after notice from your lawyer then a suit for recovery of money with compensation and cost of litigation can be filed by you in the competent civil court,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You can engage the services of an advocate and send a legal demand notice first and after that you can plan to sue them for recovery

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

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