Struggling with Delayed Full & Final Settlement: How Can I Get My Dues Cleared?

Hi, I was working with a background screening company for almost 1.5 years and then resigned because I had to join the company from where I was getting better pay and designation. I did serve my notice period, and I have received my relieving letter from the company as well. I do have all the proof to demonstrate that my exit was clear. However, my full and final settlement is still pending. It was mentioned that they require 60 days to settle my dues post my last working day in the company. Nevertheless, it has been well over 100 days now, and despite my persistent follow-ups, there has been no response. Could somebody assist me in resolving this issue?

Thank you.

I am not sure of the real grounds of the company, but the law is very clear on settling the dues of an employee who has resigned. Here's what you have to do: write a detailed email/letter to your HR department, copying your former supervisor. If you do not receive a positive response, maybe a week later, you can escalate it to the Commissioner of Labour or the Inspectorate of Factories (whichever is applicable) along with the initial communication. When they see you have initiated a legal process, they will likely settle your dues.

So, write in detail to your company and keep a copy for yourself (including the registered post acknowledgment). Let's hope for the best with a positive outlook.

There are certain things that cannot be settled by remote contact alone. In this case, I suggest you go to your previous employer with all relevant documents and have a one-to-one discussion with the HR head and the CEO, explaining your issue to them.

If the case still remains unsettled, please make an application to the Labour Officer of your area for the settlement of your Full and Final Settlement (F&FS).

If the issue still remains unresolved, you have to approach a labor law lawyer to file an application against the ex-employer for the release of unpaid wages under the provisions of the Payment of Wages Act.

Regards,
S.K. Johri

Final Settlement Law Inquiry

Which law clearly states the regulations regarding final settlement, especially when the salary is above Rs 18,000 per month?

Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]

I'm telling you a simple way. If you follow it, you will get your salary within a short period after claiming damages. Please visit your nearest Labour Department Office with Form - N (Shops & Establishment form) or a forwarding letter. The Labour officer will then follow up with the company on your behalf regarding your due salary.

If you require any clarification, you can contact me via email at [Email Removed For Privacy Reasons].

Thanks,
Ashish Shaw