Dear All, Please advise about the mandatory time limit of the full and final settlement of an officer cadre employee who left on 12.08.2021 after completion of one month notice, he had no any dues, consent obtained from his colleague , but our institution head wants to delay his f&f .

Please advise what is a mandatory time limit to settle his F&F, if not done within time, what would happen if delayed in settlement.

From India, Raipur
Labour Law & Hr Consultant
Partner - Risk Management
Working With Raymond's Group Thane

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as per Payment of Wages act, and factory act (you have not explained what your employer is), full and final settlement must be done within 30 days. However, payment of salary due must be done in 2 working days from the date of separation.
From India, Mumbai

Dear Rakesh,

Would have been better if it was stated why the institutional head wants to delay the F&F settlement. Whatever the reason, settlement of dues to an employee on his formal exit cannot be delayed according to the whims and fancies of an employer. Particularly, when there are no dues from the employee, such an act would tantamount to unfair labor practice on the part of the employer and when he openly conveys his such evil desire to another employee who is a colleague of the exiting employee, it shows his temerity towards legal compliance only.

For your information,
salary for the last spell of duty shall be paid within two working days from the actual date of separation.
Statutory Gratuity, if payable shall be paid within 30 days from the date of termination.
All other sundry dues like caution deposit etc., shall be paid within 30 days.

From India, Salem

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