Struggling with Delayed Full and Final Settlement: Can I Seek Legal Help?

I had been associated with XYZ Company Ltd since September 2008 as a Team Leader and left the organization on February 7th, 2013. I also served a notice period of 15 days (although I requested 1 month, my Manager waived off the notice period after a discussion).

I have written confirmation of my resignation acceptance, but it has been over 5 months, and they have not provided me with my FnF (Full and Final settlement).

Seeking Legal Advice for Full and Final Settlement

Can I go to the labor court for the same, and if yes, what documents would I need? Please advise me as soon as possible.

Best Regards,
Neha

Understanding Your Rights as a Team Leader

If you have been leading a 'team' with rights such as sanctioning their leaves, appraising their performance, or initiating disciplinary action against them, you cannot move to the Labour Court. The Labour Court is for the settlement of disputes of workmen and not of supervisors and managers.

If, on the other hand, you were just designated as a 'leader' without any supervisory authorities, then you can seek the help of dispute settlement authorities. Since the matter falls within the scope of the Payment of Wages Act, I recommend that you first file your representation with the Labour Officer. Let the Labour Officer call the company's representative and decide the way of realizing the dues. However, before going legal, please write to the company and give a warning or just indicate that you will be constrained to go legal if the settlement is not done within a week.

Regards,
Madhu.T.K

If you were entrusted with the duty of at least sanctioning/approving her leaves, then you would fall under the supervisory cadre. If so, you cannot file a complaint or suit against your employer in the Labour court. Certainly, you will have to file a civil suit in order to recover the dues from the company.

Madhu.T.K

Salary and Pending Dues Inquiry

How much is your salary? You have 15 days of salary pending. Is there any other amount due?

Resignation and Acceptance

Did you give a written resignation? Did you get an acceptance? Do you have an official acceptance of the waiver?

Request for Payment

Have you sent an official request for your money? What response did you get?