Waiting for My Full & Final Settlement: How Can I Speed Up the Process and Hold HR Accountable?

I have resigned from an international back office as a Team Leader after working for nearly 6.9 years. I served my 2 months' notice period, and my last working date was 06/01/2012. As per norm, I am supposed to receive my F&F settlement after 45 days from my last working date. However, to date, I have not received my due, and it's been 61 days now. I got my relieving letter and the F&F amount breakup yesterday. When I asked about the money, HR told me it will be sometime next week. It's a substantial amount as it includes Gratuity, and the delay is causing me a lot of inconvenience.

Actions to Expedite the Process

(a) What actions can be taken by me to expedite the process?

Accountability of HR Team

(b) Is the HR team answerable to anyone for the unusual delay?

Legal Actions for Delay

(c) Is there any legal action I can initiate for the delay?

Provisions Under Workmen Compensation or Payment of Gratuity Act

(d) Are there any provisions under the Workmen Compensation or Payment of Gratuity Act against such full and final settlement delays?

I would be very grateful if someone can guide me here and help me get my rightful dues ASAP.

Regards

Dear Mausam, any way, you are going to get your money next week, so why do you want to make things complicated?

Points to Consider

A) Since you have received your F & F statement, there is no need to do anything.

B) The HR team is just a coordinator, and Finance plays a vital role. So, blaming HR doesn't make any sense.

C) If you go legally, you could receive interest for late days for gratuity amounts exceeding 30 days.

D) You can claim interest for the delay in Gratuity.

Working for 6.9 years in an organization is a good reputation. Why do you want to sue the organization that has provided a good career for 7 years for mistakes made by the people working there or issues that may have caused the delay in your F & F?

Just wait for one week and receive the amount happily.

Thank you for your response, Shenbagarajan. I really appreciate the fact that you took the time to respond to my queries. I think I will wait it out as suggested by you, though the fact remains unchanged that the dismal attitude of the HR towards such a tenured employee is really heartbreaking. Someone higher up in HR should be made aware of this situation.

Potential Actions for HR Improvement

Do you think writing an email to the HR head will help implement more stringent controls so that the regular Turnaround Time (TAT) of 45 days is met in the future for others? Additionally, I am going to submit my pension and EPF forms to them. Do you think writing an email to the HR head will have negative repercussions when it comes to forwarding the same to the regional PF office? I am eagerly awaiting your response.

Regards

Nobody can do anything with your PF, just fill Form 19 and 10 C. If you are currently employed, you can transfer your PF amount by submitting Form 13 through your current employer. Transferring your PF would be a good idea.

You can send a polite email or letter to the Head HR regarding your difficulties in receiving your F & F and the response from the HR team. As you are a senior employee in the organization, the Head HR will surely take action, and in the future, the departing employee will receive the F & F within the Turnaround Time (TAT).

Regards

My Name: Amitkumar Shami
Employer: Chaitanya Chemicals (Partnership Firm)
Location: Malkapur-443101, Dist. Buldana, Maharashtra
Designation: Asst. Manager
Period: 2nd June, 2008 to 13th May, 2012

As stated above, I worked with the mentioned organization for more than 3 years. Due to some personal reasons, I resigned from my job following the procedure (i.e., one-month notice period duly acknowledged by the CEO). To date, 24th June 2012, they have not completed my Full & Final settlement.

I submitted my one-month notice prior to resignation on 13th April 2012, which was accepted by the CEO of the company, mentioning that all my dues up to 12th May 2012 should be cleared. As per procedure, I cleared all my dues up to 12th May 2012 and was relieved on the 12th May 2012. They assured me that “your salary for the month of May (up to 12th May 2012) will be paid as usual next month, and we will also clear your balance EL, Bonus & PF claim.” However, to date, they have not made my full and final settlement. I have all the legal documents as follows:

- Copy of Resignation Letter duly signed.
- Relieving Letter duly signed.
- Experience Certificate duly signed.
- Copy of No Dues Certificate duly signed.
- Copy of Data, Assets Handover Certificate duly signed.
- Appointment Letter duly signed.
- Promotion Letter duly signed.

To date, I have communicated with the management regarding the F&F settlement many times by email and verbally, but they are not responding. One of the partners replied that they would take legal action against me, alleging that I tampered with or erased data from the computer. If such a thing happened, how could they have relieved me from my services?

Dear sir, please suggest the legal way to secure all my payments from the employer (i.e., Balance Salary, Encashment of EL, Bonus, and my PF).

Waiting for your favorable reply. Can anyone help me, please?
Regards

As per the rules, you are clearly following the guidelines by providing the notice period. However, the issue lies in the lack of support from management; at times, they may act based on ego. It is advisable to seek advice from a legal advisor regarding your situation. When settling your Full and Final (F&F) accounts, do not include the Provident Fund (PF). Ensure that the necessary settlement forms like Form 19 and 10c are submitted to the HR Department for processing. In your F&F settlement, you are entitled to receive bonuses, earned leave (EL), reimbursements, and gratuity.

Regards,
Sudhir Kumar