Not served the full notice period
2 weeks ago
Sir, in my previous, I have to serve 30 days notice period, but due to some details I am not able to serve last 5 days in my notice period. By showing this reason my company was rejected my FNF settlement amount. Is this my fault?
Is there any way to get my fnf amount?
The Company is not allowed to withhold your Full and Final Settlement amount after the resignation. However, they can deduct a amount proportional to the unfulfilled portion of notice period from the FNF settlement amount. In no way, the company can reject the settlement in this situation. In order to address the default, you can send a legal notice to the company and demand for the recovery of settlement amount. You can also file a complaint before the State Labour Commissioner regarding the unpaid settlement dues. Further, if your concerns are not addressed, you can file a suit against the employer under Section 33C(2) of the Industrial Dispute Act, 1947 and seek for the recovery of amount. If you are not covered under the definition of workmen in Section 2(s) of the I D Act, then you can file a civil suit. You can file a case before the jurisdictional civil court under the Order 37 of the Civil Procedure Code, 1908 and seek for the FNF settlement. If required, you can consult an advocate for advice and compliance.
Hope it helps.
Thank you
Failure to comply with a portion of the required notice period does not justify withholding an employee's full and final settlement dues upon resignation. Such action by the employer constitutes unfair labor practice. If faced with this situation, the employee should serve a legal notice to the company demanding a relieving letter and the disbursement of their settlement dues. If the matter remains unresolved, the employee can file an application under Section 33C(2) of the Industrial Dispute Act, 1947 before the State Government Labor Court to recover all dues. If the employee holds a managerial or administrative position, they must file a civil suit for relief. Legal assistance can be sought for drafting the complaint or raising a dispute under the Industrial Dispute Act or before the Civil Court.
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.]
Non-compliance of a mere portion of the required notice period cannot disentitle an employee from the entire F & F Settlement dues receivable to him on resignation. So, withholding or refusing to disburse the F & F Settlement of dues to an outgoing employee amounts to unfair labour practice on the part of the Employer. In the given scenario, you just serve a legal notice to your Company demanding the issue of a relieving letter and for disbursement of F & F settlement dues receivable on your resignation. In case the matter is not resolved, then file an application under Sec:33C(2) of the Industrial Dispute Act, 1947 before the State Govt. Labour Court for recovery of entire dues receivable from the Company on resignation provided you are a workman as defined under Sec.2(s) of the I D Act. In case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court for appropriate relief. In case you need our expert services 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.to navigate the issue in the right way.
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