Struggling with Unpaid Salary and FNF: How Can I Finally Resolve This?

Hi all, I worked in a software company in the Sakinaka area of Mumbai for almost two years, but there was an issue with the salary, so I had to leave. I joined in April 2011 and left on April 30, 2013. I served a notice period of three months, yet I haven't received the full and final settlement (FNF) till now. My seven-month salary is also pending. I have been following up with them, but every time I receive different answers. They say they will inform me once they start the disbursement, but we don't know when. I even sent them a legal notice, but it didn't help.

Seeking Guidance on Salary and FNF Issues

Can anybody guide me on what I should do? I need my salary and FNF. I heard that if you don't take any action within three years, the company can deny paying your FNF. Now, I am afraid because I trusted them. Over these three years, I have continuously followed up with them through emails and calls, but every time, I only receive hopeful answers.

If anyone has been in this situation, please let me know what action I should take now. I am not the only person facing this issue; many people have left the company due to salary problems, and all are in the same situation. However, the company's CEO is a very powerful man with contacts everywhere.

Regards

Claiming Outstanding Wages and F&F Settlement

Regarding your outstanding wages, you can claim under the Act (such as Shops & Establishment/Payment of Wages) depending on the nature of your company. However, the claim should be made at the earliest, or else you have to file an additional petition for condonation of delay. For F&F settlement, claim at the earliest. Communicate through letters sent by speed post/registered post only. Keep all your emails/communications ready with you in case you need to prove that they have been delaying the payment despite your repeated requests.

For further information, check my blog at www.labourlawhub.com.

Hi,

Thank you for the reply. I heard that filing in the labor court takes a long time (more than 10 years). Is there another law under which I can file?

Thanks,
Ashwini

The time frame depends on the nature of the case, geographical location of the court, number of cases pending in that court, availability of the judge (many courts remain vacant for a longer period of time).

In Kolkata, a simple case of termination takes an average of 3-5 years.

For more information, check www.labourlawhub.com.