Struggling to Get My Final Settlement and Unpaid Incentives – What Can I Do?

Hi, this is Gurunadh working in Univercell Telecommunication. My joining date is 1-10-2008, totaling 3.5 years working in Univercell as a store manager of the Gudiwada branch. On March 02, 2012, my area sales manager informed me that I am being transferred to the Machilipatnam location immediately. I replied that my wife is pregnant, so I need time to change locations, but he did not listen. Finally, he said I may go through with the transfer or resign from the job. Hence, I submitted my resignation with a notice period of 1 month on April 01, 2012.

After the notice period ended, I stayed at home. However, this month, my salary has not been credited. I contacted HR, and they mentioned it will come through full and final settlement. I have followed up with everyone in the organization for the settlement and provided all necessary documents such as audit reports, clearance letters, no-due certificates, and nil-variation emails. Still, I have not received my settlements.

Please help me with how to obtain my settlements. Additionally, the company has not paid me incentives amounting to Rs. 95,000. How can I claim my incentives?

Regards, Sai Gurunadh [Phone Number Removed For Privacy Reasons]

Dear Sai Gurunadh, You should approach the labor department as per the Act, as they are required to settle the Full and Final (F&F) within the second working day itself. All the items you mentioned in the email, such as no due certificates, are strengths for you.

Regards,
Ravi Sarma
[Phone Number Removed For Privacy Reasons]

Transfer is an incidence of service. Machilipatnam is not that far from Gudiwada. Probably, you could have managed your transfer back with some persuasion with HR. Since you resigned now and F&F is not yet settled, you want to know what is the remedy for you.

From the details provided by you in your post, it appears you were holding a managerial position. If so, you cannot invoke any remedy under the Industrial Disputes Act, 1947. Therefore, try to explore whether there exists any remedy under the A.P Shops and Establishments Act. The Shops Acts of some states provide a mechanism for the settlement of disputes, including termination. The A.P Shops Act might similarly have some provision. If so, you can invoke a remedy under it. Otherwise, you have to file a suit.

Regards,
B. Saikumar
Mumbai

Go to the office and meet with HR to inquire about why your full and final settlement is on hold. Perhaps there is a query that can only be resolved through a face-to-face meeting.

Though you have legal options, it is better to meet with HR in person and resolve the issue amicably. Insist on immediate payment.