Stuck Without Pay After Leaving Job: Should My Friend Send a Legal Notice?

This is a case of my friend. He shifted his job due to a better opportunity. His resignation was accepted by the organization. Then after the completion of the notice period, he was told that the clearance would be done on the monthly salary date, but it wasn't. Since then, the company has been saying that they will pay him the amount, but he hasn't been paid for the last two months. I suggested that he send a legal notice to the company through a lawyer, but is it the correct way?

Thank you.

In most companies, the F&F process typically takes anywhere from 15 to 30 days at maximum. The duration can also vary based on the financial stability of the company, determining their ability to fulfill salary payments. Legal action should only be considered if there is a belief that the pending payment will not be made by the company. It is advisable to initially engage with the company regarding the payment. If all hope is lost, then resort to legal measures. I recommend waiting for an additional 10-15 days while maintaining clear verbal communication with the company. Clearly state that if the dues are not settled within this timeframe, legal action will be pursued to recover the owed amount.

Thank you.

If your friend has not received the FnF settlement cheque, first tell him to kindly go to the office and check whether all his documentation and other clearance stuff is complete or not. Sometimes, if the form is incomplete or any of the approvals are missing, it may be held up, and further communication may have been sent via letter to your permanent residential address. In some cases, the letter does not get delivered.

If everything is in order, then you can talk to your HR or HR manager regarding the delay. You can state that it has been over 2 months and kindly request the payment to be released within 3 days. If the problem persists, only then should you consider taking strict steps.

If your friend has not received the FnF settlement check, first, tell him to kindly go to the office and check whether all his documentation and other clearance stuff is complete or not. Because at times, if the form is incomplete or any one of the approvals is missing, it may happen that they have kept it on hold and further communication has been sent through a letter to your permanent residential address. In a few cases, the letter does not get delivered.

If all the necessary things are in place, then you can talk to your HR or HR manager regarding the delay. You can state that it has been over 2 months and request the payment to be released within 3 days. If the problem still persists, only then you may have to take strict steps.

Please clarify for me: if a company is not in a position to pay salary continuously for 3 months, is it necessary to resign from the current employer before joining another one to earn money for the family? If there is any relevant law, please let me know.

I worked for 30 years in PSUs, handling internal audit, statutory audit, and AG's audit. We never delayed the payment of dues after termination of service for more than 5 days. However, the private sector might be quicker.

Regards,
Varghese Mathew

No verbal communications. Send written communications with regards to F&F. If there are no responses, then you can approach the local labor office.