Struggling with Delayed Final Settlement: How Long Can My Former Employer Hold My Dues?

rayes
I was working for a financial services company and resigned from the company in July. I completed all my exit formalities and got my relieving letter in September.

I would also like to mention that there was a client issue (the client had written a complaint letter regarding the same) where I had to give my clarifications on the matter since I was a relationship manager. I duly provided all the clarifications and necessary documentation and emails exchanged between me and the client. Also, there were no dues from me to the company. After that, HR completed my exit interview and provided me with the relieving letter.

Apart from this single issue, my 7 and a half years career record has been very clean, and I have been a good performer.

Since then, I have been writing to the company to settle my PF, gratuity, leave encashment, last month's salary, and other dues. But still, I have not received the settlement. (The company is now telling me to get a complaint resolved letter from the client). I have repeatedly written to them that I was duly relieved after completing all the formalities.

Guidance Needed

1) If I have a valid and proper relieving letter, is the company not liable to settle my dues at the earliest?

2) And how long can the employer delay my settlement?

I request your valuable advice.

Thanks and Regards,
Rayes
giri7int
The employer has already relieved you of your duties. In no legal way can an employer refuse to pay your PF or Gratuity benefits (since these cannot be attached by law). Hence, you can always take the legal route to get it resolved, which, of course, will mean you spend time chasing legal advisors and so on. However, a more mature approach would be to meet the senior HR representative of the company personally and ask them to close the issue once and for all.

P.S: The employer is legally liable to provide you with the PF A/C number and also enable the release of this money upon your demand. This benefit belongs to you and not the employer.

Regards,
Girish.S.
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute