How Should I Handle My Previous Employer Refusing to Pay My Final Dues?

Hi, I was working as an Executive HR & Admin in a startup e-commerce company for 11 months. I got a great opportunity in an IT company recently and, after serving a 1-month notice period, joined the new company. It's been 21 days, and I have contacted the CFO of the e-commerce company, who has now refused to clear my full and final dues without providing any reasons. He has been rude and harsh to my father, who called to inquire on my behalf. The reason for non-payment is apparently that my tasks were not completed, and there are matters pending.

The employee records were incomplete because the employees prior to my joining did not submit documents. Despite several reminders, they did not submit them. The Chartered Accountant (CA), who is now the HR, was given an overview of the pending tasks. I have been relieved of my duties, and I was given my relieving letter. However, they are now refusing to provide me with my experience letter and my full and final dues. I hold an LLB degree, and as far as I know, as long as they have...

Kindly suggest actions for me to take in this situation.

I also hold an LLB degree. As far as I know, legally, an employer cannot withhold the full and final dues because of some lame excuse that some tasks are pending. The management had accepted my resignation and acknowledged my LWD as 11th March 2013.

Challenges Faced During Tenure

I would like to add that during my 11-month tenure, I had requested the CFO to expand the HR team as I was solely managing all aspects of HR for the entire company, which had a total workforce of 180 employees in this startup. Please advise on my predicament.

Regards

Final Settlement as per Payment of Wages Act

As per the Payment of Wages Act, the Full and Final (F&F) settlement or final full payment must be completed and paid to the departing employee within 24 hours. If this is not done, you should consider speaking with the labor officer or visiting the Assistant Labour Commissioner for assistance.

Legal Recourse for Unpaid Dues

Employers' behavior with your father shows he is not interested in making payment. The only way is to file a case in a competent court. But before going to court, you may serve an approach notice.

Regards

Since you delivered due notice to leave the company and were formally relieved of your duties, you are entitled to full and final dues. The company cannot withhold your legitimate dues on any ground. Serve a notice to the company, file a complaint with the Labour Commissioner, and consider sending complaints to the Labour Minister of your state. You can also file a complaint with the Commissioner of Income Tax and other authorities. However, before filing complaints, ensure that you have obtained your experience certificate or refrain from mentioning the experience at this company in your future job applications.

With good wishes,

Regards,
C.M. Lal Srivastava
New Delhi
[Phone Number Removed For Privacy Reasons]

Please explain why you are asking her to complain to the Labour Minister and Income Tax. In what way will this benefit? The other point I agree with fully: if you complain, then you better not refer to that company for future reference as they will definitely give a wrong/bad reference to your future employers.

In my view, instead of filing a case, you should at least once visit your previous company and personally meet the CFO to ask about the real issue and try to solve it there and then. It's easy to file a complaint, but it will ruin your 11-month relationship and potentially affect your future as well.

"Kyunki Baat karne se hi baat banti hai."

If this approach does not work, then you can definitely file a case in a labor court.

Regards,
Nisha Malhotra

Yes, all said, you will ruin the relationship with the company. But if you are adamant about getting what is due to you, then in that case, you should send a letter asking for the clearance of your dues along with your experience letter through registered post. Wait for 2 to 3 weeks, and once again send a reminder to the company for the same, also through registered post.

Having done that, you can approach the labor office in your area with the above proof. This will strengthen your case. All the best.

Regards,
Anita

Good suggestion by Nisha. However, I have been noticing that many working HR professionals in the industry are intentionally delaying or not paying full and final settlements. If Suchi wants her rights to the earned salary under full and final settlements, she should meet with the labor authority and let them handle this situation. Following this, she should bring it to the attention of the last employing organization's CS, CEO, MD, etc., to understand how HR practices are being carried out with departing employees. This can create the impression of wrongful HR practices by not abiding by labor laws. ("Mahenat ki kamaayi kaise chhod de!")

I think you won't get much more than nothing because for 11 months, you would not be eligible for earned salary. CL and SL cannot be encashed, and no gratuity is applicable. If any deposit, pending salary, or deduction is to be reimbursed, it can be claimed.

Anyway, they will not give you a good conduct and reference. PF can be claimed without employer authorization, or you can claim it directly.

As an HR executive, you can calculate what you can get from them. If you need only clearance and a conduct cum experience certificate, then you can write to them (Registered with AD) like a notice stating whatever you want to be confirmed by them along with a statement at the end that "If any controversy is found, please provide a written reply within 7 days; otherwise, it will be considered as agreed without any objection" and give a 7-day time frame to receive a reply if there are any objections.

You can show this letter and RWAD to your future employer, and you can also mention that it was one of the main reasons for quitting the job at that employer.

Therefore, if any employer verifies your background in the future, they will know that the company has not followed labor compliance properly, and they will not believe their words too.

This is my personal view.

Regards,
Thendralava
DGM-HR & ADMIN

Thank you so much for your ardent support! I was overwhelmed to see your posts and that you took the time to suggest to me.

It's been 45 days, and I have still not received the full and final dues from the company. I called them today as well, and they are in no mood to provide an explanation. The COO has refused to comment and only said that I should talk to the financial controller, Nisha. The CFO has been extremely rude from the beginning, making several snarky and personal comments. The CEO of the company has also changed his behavior post my resignation.

I currently work for an IT company, and I have submitted my relieving letter and experience letter as well. The experience letter was couriered to me after my dad's conversation with the CFO. I have sent four emails, and the company has not responded to any of them. The company I worked for is an e-commerce startup, and today the COO has openly told me to file a legal complaint.

The CFO gives no valid reason for the non-payment of dues. Please note I resigned due to absolute anarchy and dissatisfaction in my job profile, where I was generally working for over 11 hours a day. Since I got a great opportunity, I resigned gracefully and served my notice period. The CEO, in fact, replied to my resignation letter stating that he accepts my resignation and also accepts the LWD. I can't fathom why they are treating an ex-employee this way.

Since you all esteemed people are advising me to file a legal notice, I think I will have to do so.

Please note, as one of you rightly mentioned, I am not entitled to SL/EL or PL dues; however, they have deducted the LTA component of my CTC every month (Rs 2500), which is paid during the separation from the company or financial year-end. I have a total outstanding amount of Rs 34,000. The amount is not that much, but now it is a matter of ethics and sheer dignity. As a woman, not only was I ill-treated several times in this organization, but as an HR, I have cleared all exiting employees' dues, and it pinches to see my dues are not cleared to date. I think it's important that I fight for my right.

I was thinking of visiting the office personally; however, the management team seems to be rude and inappropriately behaved, hence it is too much disrespect on my part to visit the company.

Legally, I am entitled to my dues irrespective of their post-resignation allegation that my performance has not been up to the mark. My appointment letter does not have any clause that speaks of such a condition. Performance incentive was also not paid; however, my appointment letter has different details on the same. So, do you all suggest I send a legal notice and then complain to the Labour commissioner for the same?

Regards.