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vanjee1975
Sir, I have resigned my duty from 27.06.2016 and company given clearance certificate on 04.07.2016 and till now company not cleared my full final settlement Now company says there is some problem in accounting bills. My question is if company give the clearance certificate signed by all department and finally signed by HR head, is any rule mentioned in HR that full and final settlement kept on hold after clearance from company
From India, Baijalpur
Labour Law Index
180

See generally under Shops and Establishment Act of your state read along with payment of Wages Act. After termination the settlement has to be made on 2nd working day from termination. So go directly to your area labor inspector and file a complaint. See this website mentioned in footer for details.
From India, Kolkata
saswatabanerjee
2383

Have you asked HR how long it will take to clear the accounting problems ?
Make sure you raise your query in writing also.
The general rule is 2 days.
Such a long delay does not seem justified.
But it's better to talk to the Comoany, take the help of your former boss and settle amicably.

From India, Mumbai
vanjee1975
Dear Sir,
Thanks for giving valuable tips.As latest mail from HR Head as follows
"Issuing clearance certificate and making payment of dues after checking the record are two different things. Once again we advise you to come to plant and clear objections failing which your settlement will be delayed further"
Kindly confirm if any reality on this statement as per HR theory

From India, Baijalpur
saswatabanerjee
2383

First, i dont see why you have a problem with just going to them, sitting and clearing whatever doubt you have. It solve the problem from both ends and ensures the matter is amicably settled.
From an academic point of view, it depends on what exactly your clearance certificate says. Is it a no-dues certificate ? and is it also obtained from accounts, who seem to have raised the query now ? If its not a no-dues certificate and if the certificates are not also given by accounts, then well, HR is right in saying this is to be cleared.

From India, Mumbai
vanjee1975
It is a no due certificate certified by all department and finally signed by Hr head
From India, Baijalpur
saswatabanerjee
2383

well, then technically, you are right and the company is wrong.
But in reality, what difference does it make (that is why in my post i said -From an academic point of view).
The company is not paying you. they are asking for you to come and give a clarification.
Any other action you take only increases the cost and jeopardises your chances of getting the money faster.
Incidentally, can you post a copy of the No-Dues Certificate ? I would like to see its wording

From India, Mumbai
vanjee1975
see the attachment and please help
From India, Baijalpur
Attached Files (Download Requires Membership)
File Type: jpg clearance.jpg (1.26 MB, 42 views)

saswatabanerjee
2383

Ok, your certificate clearly states even from accounts, that no money is due from you.
This should and would be given only after checking.
So your HR stand and statement is not only wrong but also stupid.
If someone in accounts issued a no dues statement without checking, it's the companies fault and you can not be held responsible.
Options before you
- approach the labour commissioner and see if you can take his help.
- speak to some senior in the management and point out how you are being harassed
- send a legal notice to the company (often helps)
- actually take the matter to court (very expensive and time consuming)

From India, Mumbai
rdsyadav
142

Dear Vanjee,
There is pretty good due amount like leave encashment ,OT amt and some unpaid salary etc payable to you. Pl. meet HR person dealing with FnF and strategically sort out with him, involving your HOD as a normal man like others when they exit . It appears , its simple also, you can resolve being a situation , not treating a case.These functionaries are primarily supporting to you on paper and they are there to look after resolution of any such situation, specially when some one is walking out .
Best wishes,
RDS Yadav
Director,
Future Instt. of Engg. and Management Technology,
And
Labour Law Adviser

From India, Delhi
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