Leaving My Job: Can HR Refuse to Give Me My Full and Final Settlement Document?

smithsraj
Hi, I am leaving the office today, and the HR department is refusing to give me the full and final settlement document. The company owes me more than a lakh. They are telling me that they will show me the figure but will not provide either a hard copy or soft copy of it. What should I do? Can an organization refuse to provide such a document? Please advise.

Regards,
Raj
suresh14sep
Dear Smith,

Final settlement (F&F) will be prepared after your last working day because they have to calculate your attendance, bonus, and any dues to the company. This process may take up to a week.

Suresh Kumar K.
smithsraj
Thanks for the reply, Suresh. They have prepared the document, but the only issue is that they are not giving it to me. They say they will show me, but they won't give it.
malikjs
Dear, you can insist on them to provide a copy of the full and final settlement; they cannot refuse to do so. One has the right to know how the calculations are done.

Regards,
J S Malik

ranjeet.singh20@gmail.com
I think you should wait for some time. HR processes take time to ensure that all dues are calculated and accounted for. Normally, organizations take 4 to 8 weeks to prepare the final settlement, and the details are provided along with the relieving letter. It's best to have some patience. Try putting yourself in their shoes and understand their limitations.
Guntha bijaya
Has anything mentioned in your appointment letter regarding the notice period? If so, have you fulfilled that? If fulfilled, then you can ask them for a full and final settlement form. Normally, it has to be submitted after the last working day.
khodifad
Dear Sir,

I am also a victim of a more critical situation. My F&F statement and even cheque, I have not received after leaving the company 10 months ago. When I called HR, they told me it's in signing at HO. Please help me with what to do? Also, can you tell me if RTI can help me in any way?

Regards,
kB
V. Balaji
Dear,

Normally, the HR department takes some time to arrive at this figure. If they have already prepared it, they might be waiting for it to be approved by someone.

Secondly, as long as you are able to understand and are satisfied with the way it is done (by seeing the copy), having a hard copy is not going to offer you anything significant. You can ensure that all dues payable to you have been computed and paid correctly. Whether they give you a copy or not is immaterial.

V. Balaji
arun.phulera
Perfectly said by Mr. Balaji. F&F figures are correctly arrived at the close of the LWD. There is always some variation in the final figure if you compare it with the calculated one beforehand. Anything given in black and white seeks responsibility; hence, they will probably give you the final figure after the approval of the payroll. So, it's better to wait for the final figure.

Arun Phulera
Vasant Nair
Dear Smith,

It is unfortunate but true that some organizations do not provide such details. It is highly unethical for any organization to disclose details of F & F calculations to an employee who is leaving the organization. This only serves to suggest that perhaps they have something to hide.

Best of luck,

Vasant Nair
9717726667
Vasant Nair
It should have read... it is most unethical for any organization not to give details of F & F calculations to an employee who is leaving the organization.

Vasant Nair
joberianchief
Well! :idea:As it seems through your question...it seems you have some doubt on their calculation or there intention....it's quite obvious. Normally the HR, s behaves in different fashion once you are out of the company and queued in the F&F list. What i believe is you should firstly spk frankly to the concerned HR over the phone without any hesitation or if you have any problem you are fully free to appoint any of your lawyer friend to communicate on your behalf... Step one; :)first let your concerned HR know that you have the particular problem and tell hi the three options from your side.....which ever he may feel comfortable. Step two: :icon1:If he dose not listen to that and still not cooperating with you send a mail to the VP Hr or who so ever is the head....or even the CEO could be mailed statinh the entire episode along with the relevnt documents if you have any. Step three::-x In case you do not get any relief ...its time to utilize the constitutional rights given to you and tell your lawyer to file an RIT in the high court and .........just rest now its their turn to run around......if you need any further help in this matter feel free to mail me at :icon10:[Login to view] :-D Amit Kumar Jha Lawyer corporate affairs
srvenunath
Hi, Dear,

Normally, the F&F should not take even a day more. On the last day itself, all the settlement should be done. In case the employee is due, the HR department should inform the employee about the shortfall amount from their settlement, or vice versa. This can be challenged in a Court of law as a Civil case if you come under Management Grade. If an employee falls under the definition of the Worker category, then the jurisdiction is the "Labour Inspector"/ Labour Courts.

However, RTI is not applicable in this case if the company is a privately held company such as Pvt Ltd/ Ltd. RTI can be challenged if it is a Semi Govt/Govt/Public Institutions, etc.

Hope this clarifies your problem.

Regards,
Venunath
9819731663

sanju joshi
They have to give it to it, and as per the law, they have to clear your F&F within 7 days of your relieving.
rajanassociates
Dear Smith,

Merely because you sign it does not mean that you cannot point out discrepancies later. Before signing, you can verify it. Your legal entitlements cannot be denied by anybody.

With Regards,

E-mail: rajanassociates@eth.net
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