How Can I Get My Final Settlement from a Previous Employer While Working Abroad?

Hi, I was working in a private company for 1 year and 1 month. I resigned on 18.11.2014 and worked until 24.11.2014. Upon joining, I did not sign any agreement. When I submitted my resignation, they informed me that I had to serve a 1-month notice period. I received my joining letter, promotion letter, salary, and experience certificate, as well as a settlement letter on 29.11.2014. They deducted 1 month's salary as notice pay.

As of 11.02.2015, it has been 79 days since I resigned, and I have not yet received my settlement. Despite sending multiple emails, they have not responded. I am currently working abroad and unsure of how to proceed in order to obtain my money. Regards.

Full and Final Settlement Timeline

Generally, F&F settlement requires 45 days as a policy or F&F rule. Sometimes, depending on the company, it can be released in the last month of relieving/resignation itself along with other employees' salaries.

Eligibility for Provident Fund Settlement

As the company has provided you with the joining letter and asked for a notice pay recovery, you are not eligible for your pay. However, you are eligible for your Provident Fund settlement if you were covered under PF. Otherwise, nothing really seems due from the employer.

Employer's Decision on Settlement

This decision completely relies on the employer, whether they wish to pay or not. The settlement letter will provide you with more information. Kindly cross-check the same with a knowledgeable person who can guide you and explain its contents well.

Notice Period and Salary Recovery

If there is a notice period criterion, then the company has the right to recover from your salary, and you have no right to ask for it.

Regards,
Swapna Samant

Thank you for the reply. I forgot to mention a few things.

1. The joining letter was given after my last working day in the company. I joined on 21.10.2013, resigned on 18.11.2014, worked until 24.11.2014, and received the joining letter on 29.11.2014.

2. When I joined, they didn't mention that I had to serve a 1-month notice period before leaving the company.

3. In the full and final settlement (F & F) letter, they stated that one month's salary would be deducted as notice pay. However, in the joining letter, two things were mentioned:
a) The employee has to serve a 1-month notice period before leaving.
b) In case of failure, the company will deduct the notice pay amount from the salary (which includes BASIC+HRA ONLY).

They deducted Rs 12,569, the whole month's salary, instead of Rs 9,000 [basic (Rs 7,500) + HRA (Rs 1,500)].