Full and final settlement from my previous company Full and final settlement from my previous company

2 weeks ago

Sir, I worked in a RMC company as a third party employee for morethan 1 year, then after I'll resigned from that company due to some reasons. It was nearly 3 months from my last working day, still now I'll not receive my Full and final settlement amount. What can I do now?

Anik

Responded 1 week ago

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A.Dear client, first contact the employer and ask for the full and final settlement. If theres is no progress or action taken then send a legal notice to the employer for full and final settlement. Even then then is no reply or action then you can file a complaint in the labour court on the employer.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 week ago

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A.Dear Sir
Please approach the following authority or similar authority in a state

The Office Commissioner of Labour

Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer 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.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 weeks ago

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A.Dear Client,
In the given situation, you just serve a legal notice to your Company demanding the issue of a relieving letter and for disbursement of F & F dues. In case the matter is not resolved, then file an application under Sec:33C(2) of the Industrial Dispute Act, 1947 before the State/Central Govt. Labour Court as the case may be for recovery of entire dues receivable from the Company on resignation. You may also file a civil suit against the Company before the Civil Court for appropriate relief in the matter. Reach out to an Advocate handling service matters for guidance and steps to resolve the issue in the right way.
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