Saswatabanerjee
Partner - Risk Management
Anil.arora
Administration Head
Gannahope
Deputy Commissioner Of Labour..a.p.
Sai18
Hr & Payroll Consultant At Kredily
JatinA
Advocate, Pune , Maharashtra
Pranali
Manager Hr
Aloke Naskar
Sr. Officer - Hr
+2 Others

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I worked in this organization from jun14 to july17 my 15 days salary+leave in cashment+bonus is pending with organization i resigned over 1 yer 2 month but still I am not get my full and final settlement, now company said we not having fund to release the full and final settlement due to company client got insolvent
And we don't have any other options.

From India, Pune
Hi. You must approach the labour commissioner and file complaint against employer for holding back your dues.
As long as your employer has not be declared insolvent, he has to arrange to pay your dues.

From India, Mumbai
You first check if a competent court has declared the company insolvent, if so they must have appointmented an officer to realize the assests and pay off debts you need to register your issue with that officer and also write to the labour officer.
Call me if any assistance is required 9762382477

From India, Hyderabad
Court order is a must for declaring insolvency. Otherwise several companies will become insolvent and do this trick
From India, Mumbai
Ok sir your stay in the company is very less not even a month.Your intelligence contribution to the allotted client was also not countable for any in a general view.
So why do you. so particular for a few days stay as it was known client's inability...if it is confirmed don't pressure
Leave it in a royal way.In Andhrapradesh
In vijayanagaram district several Jute Mills closed several thousands of workers on the roads since more than a Decade.
No FnF no settlements of PF ESis .
So better you close the matter at once pls.

From India, Nellore
you can take up the matter with the labour commissioner.
As per the law, it is the duty of the company to pay you, irrespective of whether the company got paid from its clients or not.
However, in reality, if the company does not have money, you will only spend more time and efforts to get nothing in the end. Ofocurse, that is if the company is really is serious financial problem due to its clients going bankrupt. If its just a story to avoid paying you, then the labour commissioner and courts may help. But again, remember that this is expensive in terms of both time and legal fees

From India, Mumbai
Hi Anonymous,
You worked with company for a month. May we know reason for leaving in such short duration and if you have completed your notice period & relieving procedure or not. These details will help esteemed members of this site to help you properly.

From India, Mumbai
I agree with Mr. Banerjee.
You were not working for their client, so it is their duty to pay you.
You can approach the Labor Commission of your region directly along with your copy of appointment letter, last salary slip, resignation, and your f&f details. But if they are seriously not in a situation to pay you, you can't do anything with it.
You must first check the reality of the company whether they are seriously going through the above sad financial situation or not.
But you must personally visit them once and meet the officials before going to the Labor Department

From India, Gurgaon
Hi,
In this case, you come under the payroll of the company and not their client. Hence, the company has to pay you for your services irrespective of the payment received from their client. As stated by other members, you can approach the Labour Commissioner to get this issue resolved. However, it would be better to do a cost-benefit analysis as the salary you are owed is for less than a month and the legal process to recover it can be quite expensive and time-consuming.
Regards,
Sairam Bandi

From India, Bengaluru
if insolvency declared by the court there must be a IRP professional (Interim Resolution Professional ). You have to submit your dues claim to IRP by Form-D with relevant document like resignation letter, release letter, full and final settlement statement, aadhaar card, PAN card and bank passbook. The court will clear your dues after finalisation.
Regds.,
Aloke Naskar

From India, Calcutta

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