Facing Delayed Final Settlements After Resignation: Should We Consult a Labor Lawyer?

Hi seniors, FYI, I was employed with a company for the past 4 years. Suddenly, the organization faced financial strains, delayed salaries, and other benefits. Now, for the past two months, they have asked many staff members to leave, i.e., resign and go. Most of them did so, but to date, they have not received their final settlement. Is it the right approach to consult a labor lawyer or approach the labor court? Please suggest. Will our fight be fruitful considering we have resigned, and the company has not terminated our services?

Regards, Neha

Understanding Resignation vs. Termination

Resignation means you have left the job, which is very different from termination. You can go to the labor court only if they are not clearing your dues. Since you have spent 4 years in the company, I advise you not to go to the labor court directly. Instead, talk to the company's concerned person in detail.

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Further to my query, I have still not received my full and final settlement (F&F) from the previous company. I resigned on the 24th of January, 2013.

Best Way to Recover Unpaid Settlement

What is the best way to recover the money? Can I send a legal notice through a lawyer? However, I am unsure about how much his fees would be.

Please guide and suggest.

Best Regards,
Nayana

Resignation and termination are different things. If they are forcing you to resign and not giving your final settlement after the resignation, you can proceed to the Labor Court.

Hi, First of all, you should send them a legal notice. If you still do not receive your salary, you can proceed to the Labor Court; this is the right approach. One proverb comes to mind, "Sidhi Ungli se Ghee nikalta hai to Ungli tedhi karne ki zarurat nahi hai."

Regards, Khushbu Vora HR Manager