How Can I Secure My Full and Final Settlement After Months of Unpaid Work?

I have resigned from my job as my boss has not been paying me for the last 4 months. How can I get my Full and Final settlement (F&F) now? He is saying that he needs time to settle my F&F. I can't wait as I have seen other employees waiting for months and years for their F&F. Should I file a case at the police station or approach the labor court? Please suggest to me as I need to receive a significant amount from the company.

Thanks and Regards,
Priya
Hyderabad

In the absence of relevant information about the place you are working, your designation, nature of your work, your salary, and your contractual terms, it is difficult to offer any advice. If the Industrial Disputes Act is applicable to your organization and you are covered under the definition of 'workman', then you can give notice to the employer and seek legal remedy under the Act. If not, the only remedy is to approach a civil court for breach of contract and claim all your legal dues, including any compensation you may want to claim. It is always better in such matters to consult a competent advocate who can guide you and help you get your claims.

Please be in touch with a local advocate and seek his/her assistance in the matter.

Best wishes,
Cyril

I am an HR Executive in a Paint Manufacturing Company and a confirmed employee. I have sent the resignation through email but didn't receive any reply. When I called to inquire, he mentioned that the clearance would be done in 15 days, but now he is refusing to do so. Additionally, he cheats employees by not paying PF but deducts from the salary. Hence, I have requested the PF amount as well. My company is located in Hyderabad. Could you please advise me on whom to approach next and provide a contact address if possible?

Thank you,
Priya

[QUOTE=priyas2704;2181160]

Hi Priya, as advised, please do get in touch with a legal practitioner to assist you in the case as a notice will be required to be served on the employer, listing out all the irregularities and claiming relief. You should also write a letter to the Employees' Provident Fund authorities, informing them about the provident fund deductions and non-payment of the employer's contribution (subject to confirmation that this has not been done).

It would be advisable to settle the matter mutually with the employer. However, if there is non-cooperation, you may have to approach the civil court for appropriate relief. Please do this under proper legal guidance.

Best wishes,

Cyril

Approaching the Labor Commissioner for Salary Issues

If your salary is below ₹18,000, then you have the option to approach the labor commissioner under the Payment of Wages Act. Even otherwise, you can approach him with all details, but he is not obliged to take action where your salary is above the limit.

Generally, the labor commissioner will initiate action. However, you should have all documents to prove you were working and that the money is owed to you.

Addressing PF Fraud

As for the PF fraud, you need to go and meet the regional commissioner of PF and file a complaint on the matter. The PF department will definitely take action and recover (or try to) the same.

Approaching the Labor Commissioner for Salary Issues

If your salary is below 18,000, you have the option to approach the labor commissioner under the Payment of Wages Act. Generally, the labor commissioner will initiate action. However, you should have all documents to prove you were working and that the money is owed to you.

Addressing PF Fraud

As for the PF fraud, you need to go and meet the regional commissioner of PF and file a complaint on the matter. The PF department will definitely take action.