Its been 3 and half months now that i quit my job and till date i did not get my full and final settlement, I sent them mails, spoke to the concerned representative, met the representative personally too. when nothign was happening, I spoke to the AVP of the department but still my settlemet is not done. I did not get my releiving letter as it is given with the full and final settlement.
As per the policy the HR department mentioned that it will take max 45 days for the full and final settlement.
I want to know if I can sue the company for the delay.

From India, Secunderabad
Hr-manager, Trainer, Writer
Anil Parmar
Personnel Side
Gm (hr)
Anuj Trivedi
Labour Law Consultant
Executive Service Engineer
+5 Others

dear shailaja
we dont know what poosition u were working because the solution is very easy under payment of wages act where you can claim 10 times for delayed paymednt and your matter can be sorted out within very less time with labour dept but however u can suit a file in civil court where process is little lengthy.
we can guide u, provided u tell us your nature of work and designation.
j s malik

From India, Delhi
I was working with a BPO, Countrywide Financial Corporation which is now taken over by Bank Of America. I was a sr Trainer (voice and accent). I did serve my notice period as mentioned by the AVP (Training).
Shailaja Yedla

From India, Secunderabad
tks for giving information.dear your remeady is not under payment of wages act.you serve them legal notice through advocate,sometimes they will make payment with that notice only because companies donot want legal problems.than u can file a civil suit.
j s malik

From India, Delhi
Dear Hrs,

I have some doubts from the last job recently where I resgined

Here are the details :

Company : Syntel Chennai branch
Notice period : Three months
They released me on : 13 days before of my three months notice.
When I asked them about my salary HR told me that I will get the salary till my last date(i.e., when I was released , not the actual last working day) But I told them that I am ready to serve till the last working day.But they did not accept as they loose the billability of the client,they decided to release me on their decided date.(Intially I asked them to release one week before then they told me that , it is not possible and you must serve three months notice period)

So Do I lost my salary for 13 days.(date released on :26th sept,Actual Release date : 8th Oct)

And one more thing is :In F&F statement, they mentioned the deductions for those 13 days (the duration between sept 26th and 8th OCt are deducted from my leaves)

And they told me that we will not pay for these days because I am leaving before the end date, so they are deducting the days from my leaves.

The other thing is : Syntel is going to pay 25% of variable compensation for the emloyees who are on the pay roll of syntel till september month.As my last date is on 26th Sept, I lost that also. My variable pay is 108000 per annum, and 25% means atleast I will get 15 - 20 thousand rupees)

is there any way I can settle this matter with syntel. I wrote a mail to all HR's of syntel and global HR manager also.But there is no reply. When I called them over the phone they are recklessly saying that we are not going to pay , Do what ever you can do?

So I want to proceed leagally on this matter to settle and filing a cheating case against syntel and on global manager.

can I proceed like this?
Does this affect my future career in any manner?
is there any way that I can settle without proceeding legally.

Could you guys please suggest /guide me on this .

Thanks a lot in advance,

From India, Pune
It is all with the HR practice that is followed in every company. To the maximum, HR has to clear off the settlement within two weeks. I don't know why such unwanted delays and procrastination is followed.
This is suppose to be a smooth process. By torturing the employee, this is also a moment to prove to the company that HR is strict and have powers...hahah.. If HR Manager is upright, ethical and does not fall into the hands of other pollutant managers, then HR practices are just wheels with good lubricant to roll on without... screechhhh... The process cycle has to go on without intervention.

From India, Madras
Hi Corporatepractise
They should not deduct leaves though yeah they need not pay for the early release. But regarding other things like unnecessary delay in paying off the settlement and all the other things actually you can apporach the labour officer under whose jurisdiction your company falls and have a talk with him/her explaining matters sometimes an interest in such issues by the labor officer is enough to get things done. A friend of mine tried this out and it worked for him.
Otherwise I think the best is to get an advocate who deals with such maters to issue a notice. But I have heard and noticed that a lot of companies have the same practise of not paying incentives for employees who do not continue in the same firm.
All the best

From India, Bangalore
I have gone through the above matter and in my opininon its a wrong practice to make delay in F&F settlement.But if they had released you before completing your notice period they may not pay you for those days you didnt worked .Legally they are correct.My suggestion is to consult with an advocate who is dealing in these type of issues.They will provide you the right way.

From India, Delhi
As suggested before you can approach Advocate. But before that in my opinion you just send registered A.D. to HR Department for settlement. Wait for reply for 15 days if reply does not come then only you can take help of Advocate.
You can also send e-mail to HR dept as well as cc to Unit Head (AVP). I think It will workout.

From India, Lucknow
Dear Sir,

I have some doubts from the last job recently where I resgined

Here are the details :

Company : Panacea Biotec Ltd
Notice period : Three months
They revealed me on : 68 days before of my three months notice.They Give me full and final pay after deducting 68 days complete salary instead of basic salary. As per the appointment letter statement are like that "Three month notice period or three month salary".

I want to know what is the meaning of salary is it Basic salary or complete salary with allowances. If salary means Basic salary should i legally fight against the company.

Could you guys please suggest /guide me on this .

Thanks a lot in advance,
Anil Parmar

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From India, Chandigarh

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