Hi my last working day was March 16th with my Employer. I have been following up with them since then for my Experience certificate and full & final amount. Still they are dilly dailler my dues.its been long .HR verbaly says we will pay next month and now its September..... What should i do..? At the same time i do not want to spoil my relationship with the owners of the company . Kindly advise.
1. Serve a legal notice to your employer asking him to settle full and final payment and provide you with your experience letter. In case he fails to do so on notice you have to file suit before the court.
2. In case you are worried about your relations you should simply email it to the HR and concerned manager and wait for there response.
You can send them reminding email on same resignation letter email and request for full & final settlement, Because due to COVID-19 everyone has suffered a lot. Ask to release payment ASAP.
issue legal notice to clear your outstanding dues
2) if company fails to pay file summary suit under order XXXVII of code of civil procedure to recover your dues with interest
Send a formal letter in writing requesting them to issue experience certificate and make F&F asking them to comply with your above request within ONE WEEK from date of receipt of your request.
Failing which, you need to get issued legal notice through an Advocate.
You need to send them legal notice and approach labour commissioner office or court. There is no way to maintain your relationship and seek money
You can send him a legal notice, or you can file a complaint before the Labour Commissioner,
Just make sure you have all his E mails or Msgs where he is committing to give you the full and final settlement and Experience, this will help you in creating a strong Defence.
You can file a RTI for getting the status report of your experience letter and final settlement amount dispatch
I think they don't want to have any relationship with you. That is why they are not concerned with your payments.
Send them a legal notice.
File recovery proceedings before the labour department immediately as they are not paying delibrately.
- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Since, you have already tender your resignation with the request of issue experience certificate , the the said company is bond to issue the same to you.
- Correspondence with higher official , then send a legal notice for the same.
If do not want to spoil my relationship with the owners of the company them keep requesting.
Otherwise send legal notice to release full & final settlement, failure to which you shall be constrain to initiate legal action against the company at their cost and consequences.
Dear Clients,
You need to sent a legal Notice to the employer to get the full and final and experience eletter.
If you don't want any litigation with your employer, please find a place for Arbitration and Conciliation in your Contract/agreement. If it is, please go ahead for settling the issue in accordance with the Clause.
If you do not want to spoil the relationship with the owner of the company then you keep waiting till they sanction the dues to you and also your Experience certificate.
This will not serve your purpose even if you wait for 10 years.
You first write to the owner directly about your hardships that you face due to non payment of the F&F dues and also the certificate.
You may send this request representation in writing by registered post.
If you don't get any proper response then you may have to resort to legal action by first issuing a legal notice demanding your all the dues.
after that you can approach court for recovery of your due amount.
Keep patience for some time more. There may some compulsions or some other priorities for the HR to for the delay in settlement of your case.
1. You should call the HR can tell them that if they doesnt clear the dues and provide experience certificate then you are ready to take legal actions against them.
2. If they still doesn't responds or settle your dues then send them a legal notice through your advocate and then file suit against your employer.
Dear Sir/Madam,
It is suggested that you serve a legal demand notice and then file the suit of recovery against him.
