Full and final settlement
Hello Legal Experts,
I am a post-graduate in Engineering from one of the top IITs.
My previous employer - a startup - has changed a few clauses in my employment agreement and is not ready to pay the full amount they owe me as the Full and Final Settlement. My last date was February 23 and the company policy was 45 days from the final date to give the FnF
My salary for February is still pending from them - and in general after 90 days, there is no response from them regarding my payment. I am in a severe financial situation personally and all the opinion I check online seems to advise - to NOT litigate irrespective of what happens.
What are my options and how should I go about it?
Asked 2 years ago in Civil Law from Mumbai, Maharashtra
`1. The contract of employment cannot be altered after it has been signed by the employee except with the consent of the employee. Both the employer and employee continue to be governed by the agreement which you had signed. Any alteration effected thereto without your consent is not legally enforceable against you.
2. You should engage a lawyer to issue a legal notice to the employer to release your salary forthwith, failing which you can sue the ex employer for recovery of salary and also compensation.
1) what is the amount due and payable by the organisation ?
2) you can contact a local lawyer and issue legal notice to the company to pay your outstanding dues .
3) if the company does not pay you can file suit to recover your dues .
Do you have the employment agreement which was signed by you in original? How can they change it after your signature and what evidence do you have that they have changed it?
If you have original agreement signed by you then proceed with sending them a legal notice through lawyer.Send the legal notice through Registered Ad and keep the acknowledgement receipt for further legal action.
You are entitled to your dues so there is nothing illegal about demanding it through litigation if necessary.
Do you have records of
1) tendering resignation by observing the conditions properly?
2) acknowledgement by the company for accepting the resignation?
3) Conditions or the company's policy to settle F & F within 45 days from the date of relieve?
4) Salary slip upto the last paid salary?
5) correspondences by you to the company ether by email or postal mail?
6)Company's correspondences/communications in this regard?
Having given sufficient time to the company to settle your entitled dues, since there is no proper response from your company, you may issue a legal notice demanding your dues, in the meantime you may secure the above listed items as documentary evidences.
You may consult and discuss at length with a local service law practicing lawyer the above issues and proceed legally against the company because waiting any more patiently may not fetch you the desired result.
It is advisable to first issue a legal notice demanding the outstanding dues as per the main agreement signed between the employer and the employee. any subsequent changes without consent are not applicable on you or binding on you. If the employer is not giving your payment then file a civil suit against the employer to get the outstanding dues.
first of all send a legal notice to company and if they are not ready to make the payment within notice period then you have right to file a civil suit for recovery or file a complaint before labour commissioner or court reagrding recover your money.
Advocate, New Delhi
Hi, you have to issue legal notice to the employer for recovery of the amount and if they fail to pay the amount then you have to file a suit for recovery of money.