Kritarth Consulting
Posh Programs; Hr Management Consultants
Consultme
Agile Solutionist

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Hello, I have been working with a Pvt. Ltd company on a Professional Services agreement. As per the contract there have to be a 1 month notice from either party for termination of contract. The company did not gave any notice stating the termination of contract rather verbally told that they would not be able to extend the current contract. I have filed the full and final settlement invoice to the company .
I have taken an advance during my engagement with the company and now have to return it, for which i have asked the HR to settle the amount against my invoice which hold the amount higher than the advance taken. HR is stating that first i need to make the payment in their bank account and then they will proceed for full and final and it will take 45 days as per policy. As per the professional services agreement, i believe all the dues and payments should be settled on the LWD or end of contract date. Please suggest how can i proceed further to get my full and final amount along with experience and relieving letters. i am in agony and pain with no money over 40 days now.

From India, Delhi
Professional service agreement and employment contract are different.
Option 1
In your case, as you have mentioned that the company is asking you to payback the advance, probably you could do that to get the settlement.
Option 2
Submit a request, quoting the terms (if specific clauses are there in the agreement, how to deal with advance, settlement etc.) to release final settlement.

From India, Bangalore
Withholding Payment of any Employed Person on Termination ofEmployment - whether Permanent, Temp, CL, Casual or in any Capacity whatsoever, is outrigh UnLawful, hence the Employer is Liable to Penalties/ Penal Action. Fit Case for Seeking & Securing Legal Remedy at the behest of the ggrieved Person
Kritarth Team
6.3.19.

From India, Delhi
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