Not getting my fnf amount Not getting my fnf amount

2 months ago

Can i get my salary + conveyance + incentive + late payment charges from the day when i left my job ?

Anik

Responded 2 months ago

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A.Dear Client,

Upon termination of employment, whether through resignation or other means, an employer is not justified in withholding an employee's relieving letter and Full and Final (F&F) Settlement dues without valid reasons, unless there is proven misconduct. Such actions amount to unfair labor practices. In the current situation, it is advisable to issue a legal notice addressing the employer's arbitrary and unethical behavior.

If the individual is classified as a workman under Section 2(s) of the Industrial Dispute Act, the next steps involve reaching out to the relevant office of the Labour Commissioner. A complaint should be filed against the employer to address the arbitrary and illegal actions, and concurrently, an application under Section 33C(2) of the Industrial Dispute Act can be submitted to the appropriate Labour Court, claiming dues from the employer.

In the event that the individual holds a managerial or supervisory position, filing a civil suit before the Civil Court is necessary to seek appropriate relief. If assistance is required in drafting the complaint or initiating a dispute under the Industrial Dispute Act before the Industrial Tribunal, Labour Court, or Civil Court, the legal team can be contacted with the relevant documents.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
On cessation of employment either on resignation or otherwise, except for proven misconduct, an employer cannot withhold the relieving letter and F & F Settlement dues of an employee without any valid reason which amounts to unfair labour practice. In the prevailing situation, you need to serve a legal notice protesting the arbitrary and unethical action of the employer and if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and illegal action, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance and simultaneously file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. In case you are holding the position of Manager/Supervisor in the Company, you have to file a civil suit before the Civil Court for appropriate relief. In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal / Labour Court/Civil Court, you may contact our legal team with the relevant papers.
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Vidhi Samaadhaan Vidhi Samaadhaan

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