Hi, can any body tell me regarding the time limit for full and final settlement by the employer to employee.
From India, Hyderabad
From India, Hyderabad
As such there is no prescribed time limit by any Act in case of resignation, It has to be done according to the F&F policy of the Company.
But in case of termination, dismissal etc the wages has to paid two days before the last working day by the Employer as per Provisions of MW/PW Act and Shop Act of States.
regards
87But in case of termination, dismissal etc the wages has to paid two days before the last working day by the Employer as per Provisions of MW/PW Act and Shop Act of States.
regards
in case of full and final employer is supposed to clear the full and final with in two months.
From India, Delhi
From India, Delhi
Dear Member,
This query is some what difficult. There is no specific law framed by the Govt. relating to full & final settlement of dues to be made to the employee/ worker/ officer who is not covered under any of the labour laws or covered under any of laws e.g. The Payment of Gratuity Act. For giving proper reply one have to examine under which of the labour laws/other law the employee is entitled to have payment from the employer. The position may also be different if some one himself resign or his services are terminated by the employer. For example if any person resign for service which is covered under The Factories Act, 1948 then encashment of the EL will be made on or before the next pay day but if the employment is terminated then as per section 79 (11) his encashment of EL shall be made before the second working day after such termination. If the establishment is covered under Shops Act then we are to go through the provision of respective State Shops & Commercial Establishment Act for encashment of EL. Similarly Bonus, if applicable to the unit then this will be paid or may be paid within eight months from the close of the accounting year. Gratuity if payable within 30 days. Thus one have to examine each & every head of payment for this query.
R.N.KHOLA
(LL&IR)
Welcome Skylark Associates
*Also Sr. V. P., Labour Law Advisers Association, Gurgaon
From India, Delhi
This query is some what difficult. There is no specific law framed by the Govt. relating to full & final settlement of dues to be made to the employee/ worker/ officer who is not covered under any of the labour laws or covered under any of laws e.g. The Payment of Gratuity Act. For giving proper reply one have to examine under which of the labour laws/other law the employee is entitled to have payment from the employer. The position may also be different if some one himself resign or his services are terminated by the employer. For example if any person resign for service which is covered under The Factories Act, 1948 then encashment of the EL will be made on or before the next pay day but if the employment is terminated then as per section 79 (11) his encashment of EL shall be made before the second working day after such termination. If the establishment is covered under Shops Act then we are to go through the provision of respective State Shops & Commercial Establishment Act for encashment of EL. Similarly Bonus, if applicable to the unit then this will be paid or may be paid within eight months from the close of the accounting year. Gratuity if payable within 30 days. Thus one have to examine each & every head of payment for this query.
R.N.KHOLA
(LL&IR)
Welcome Skylark Associates
*Also Sr. V. P., Labour Law Advisers Association, Gurgaon
From India, Delhi
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Haryana-Extensi on Of Time Limit To Deposit Labour Welfare Fund In The State Of Haryana (1).pdf