Facing Issues with Full and Final Settlement: How Can I Seek Help from the Labor Court?

My company is not giving me my full and final settlement. Every day, they are coming up with one baseless point or another against me. Kindly let me know how I can seek help from the labor court.

You need to approach the Labour Department officials with all the relevant papers for your relief.

Regards,
D. Gurumurthy
HR & IR Consultant
Hyderabad.

Thank you, sir, for your reply. Kindly let me know what documents are required. I gave one month's notice on 4th July, and 3rd August was my last working day. Do I have to wait for 45 days, or can I proceed without waiting? Also, if I go to the labor court, will it affect my career? Some of my colleagues, who are also waiting for their full and final settlement, are not going to court as they say that the company can blacklist us, even if we have a clean record and good standing.

There are different points here.

1. You can go to the labour court, but it takes time and effort. Do you have it? Will your new employer give you time off to attend the hearing?

2. You can complain to the labour office/labour commissioner and have them take it up on your behalf.

3. In either case, the company is not going to be happy, so they may give negative feedback in case of any background or reference check.

4. The concept of blacklisting is a misnomer. You are not planning to return to this firm, so what difference does it make if they blacklist you? The exception is only in software companies where they can put you on the Nasscom Skill Registry Blacklist, as all large software companies follow it. I am sure there are redressal mechanisms even there.

As they say in Hindi, "Majburi mein gadhe ko bhi baap bolna parta hai." So, you need to politely pursue them and persuade them to release your payment and documents.

Steps to Address FNF Settlement Issues

Going to the labor court or contacting the labor officer of the area is not harmful, and your company cannot blacklist you for this reason. Initially, talk to your colleagues who did not receive their FNF, and then select a volunteer among you who can speak to management on behalf of all of you if needed.

Also, send an email to the Head of HR politely inquiring about the update on your FNF. Don't forget to cc the HOD, MD, and CEO, and wait for a reply. If you do not receive a satisfactory response, then contact the labor officer of the area and submit a complaint signed by all the affected individuals against your employer. Going as a group and filing a group complaint will surely have a positive impact in front of the labor officer.

I would disagree with you, Couvery. It's easy to say that the company cannot blacklist you for this reason. Please tell me how you will prevent it. How will you ensure that the company does not give negative feedback during a reference check or during BGV? You can do nothing against that. So, if there is a chance that in the future you will work for a company that may check back to verify this job of yours, you better leave on good terms. If that means ignoring an unfair deduction or not getting full and final, in consideration for your future career, so be it (provided you can afford to let go of a month's salary. I know many can't).

A company doing such a thing will get its just desserts soon enough because the next bunch of people will simply abscond the day after salary credit. But that is not the point here. It's what can the OP do? According to me, nothing other than follow up and plead.