How Can I Get My Final Settlement and Gratuity from My Previous Employer?

Hi,

I worked with Company X from 15th September 2003 to 24th July 2009. There was a notice period of one month, but I asked for a relieving date of 31st July as I had to start my new assignment on August 1st.

Company X promptly relieved me from service the next day and mentioned that they would adjust my one month's pay against the notice period. However, it has been two months, and despite repeated follow-ups, Company X has not settled my dues, which include gratuity. Additionally, they have not submitted my PF forms to the EPFO yet.

Please advise on the next course of action.

Thanks in advance,
Satish

Your previous company is not paying you full and final. In this case, you can approach the Assistant Labour Commissioner from your region. Submit an application to the Asst. Labour Commissioner to get acknowledgment and also send a copy to the Labour Commissioner. No employer can deprive you of collecting your full and final amount, including your PF and gratuity.

Regards,
Parvez.

Yes, I agree with Parvez. You can also file a complaint at the corporate affairs ministry level if you can't sort the matter at the local level.

Request for Release of Documents and Funds

I hope this email finds you well. I am writing to request your assistance in the release of my documents and funds. I kindly ask that you involve my supervisor and the Managing Director or CEO by including them in the CC of this correspondence.

If this initial request does not yield the necessary results, I will proceed to escalate the matter by contacting the Assistant Labor Commissioner and will include all previous correspondences in the CC for reference. I believe this is the appropriate course of action to address the issue effectively.

I appreciate your prompt attention to this matter and I am confident in your ability to handle this situation efficiently.

Thank you for your assistance.

Best regards

My case is a bit different. I resigned from a reputed bank where I was required to serve a notice period of 90 days. I resigned on 11/10/2012 and asked them to relieve me at the earliest—that is what I have in writing. Subsequently, my supervisor asked me how many days I could serve. I informed him that I could serve for a month, i.e., till 11/11/2012, which equates to 32 days. He mentioned they would relieve me before that, mostly by 31/10/2012. Following this, I inquired whether I would be required to pay notice pay since I had accumulated PL of 43 days. Additionally, my notice period served would be 21 days, leaving 26 days of notice pending. He confirmed that he would waive it and I would not be required to make any payment for it, nor would I need to adjust my salary in lieu of notice pay. Ideally, if I were to pay, I would prefer to serve for 32 days and pay only for 15 days rather than serving for 21 days and paying for 26 days, as they indicated. With their assurance to waive the pay, I accepted it, and my Last Working Day (LWD) was 31/10/2012. However, I did not receive my October month's salary. Consequently, I emailed HR to process my Full and Final (F & F) settlement. I received an email from them stating that my dues of 26 days are pending, and they would not process the F & F if I do not pay the same.

What should I do?

Please help.

Regards,
Anuja