Hi, can any body tell me regarding the time limit for full and final settlement by the employer to employee.
From India, Hyderabad
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From India, Hyderabad
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Time Limit for Full and Final Settlement
As such, there is no prescribed time limit by any act in the case of resignation. It has to be done according to the F&F policy of the company.
However, in the case of termination, dismissal, etc., the wages have to be paid two days before the last working day by the employer as per the provisions of the MW/PW Act and Shop Act of states.
Regards
From India, Delhi
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93As such, there is no prescribed time limit by any act in the case of resignation. It has to be done according to the F&F policy of the company.
However, in the case of termination, dismissal, etc., the wages have to be paid two days before the last working day by the employer as per the provisions of the MW/PW Act and Shop Act of states.
Regards
From India, Delhi
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in case of full and final employer is supposed to clear the full and final with in two months.
From India, KarnÄl
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From India, KarnÄl
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This query is somewhat difficult. There is no specific law framed by the government relating to the full and final settlement of dues to be made to the employee, worker, or officer who is not covered under any of the labor laws or covered under any laws, e.g., The Payment of Gratuity Act.
For giving a proper reply, one has to examine under which labor laws or other laws the employee is entitled to payment from the employer. The position may also be different if someone resigns or if their services are terminated by the employer.
For example, if a person resigns from service covered under The Factories Act, 1948, then encashment of the earned leave will be made on or before the next payday. However, if the employment is terminated, then as per section 79 (11), the encashment of earned leave shall be made before the second working day after such termination.
If the establishment is covered under the Shops Act, then we need to refer to the provisions of the respective State Shops & Commercial Establishment Act for encashment of earned leave. Similarly, any applicable bonus to the unit will be paid within eight months from the close of the accounting year. Gratuity, if payable, should be settled within 30 days. Thus, one has to examine each and every payment head for this query.
Regards,
R.N. KHOLA
(LL&IR)
[Welcome Skylark Associates](http://www.skylarkassociates.com/)
*Also Sr. V.P., Labour Law Advisers Association, Gurgaon
From India, Delhi
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For giving a proper reply, one has to examine under which labor laws or other laws the employee is entitled to payment from the employer. The position may also be different if someone resigns or if their services are terminated by the employer.
For example, if a person resigns from service covered under The Factories Act, 1948, then encashment of the earned leave will be made on or before the next payday. However, if the employment is terminated, then as per section 79 (11), the encashment of earned leave shall be made before the second working day after such termination.
If the establishment is covered under the Shops Act, then we need to refer to the provisions of the respective State Shops & Commercial Establishment Act for encashment of earned leave. Similarly, any applicable bonus to the unit will be paid within eight months from the close of the accounting year. Gratuity, if payable, should be settled within 30 days. Thus, one has to examine each and every payment head for this query.
Regards,
R.N. KHOLA
(LL&IR)
[Welcome Skylark Associates](http://www.skylarkassociates.com/)
*Also Sr. V.P., Labour Law Advisers Association, Gurgaon
From India, Delhi
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Full n final settlement.doc