Struggling to Get My Final Salary After Resignation – What Should I Do?

My name is Neeraj Kumar, employee code: 0386, working at Classichonda, a car dealership on Faridabad's main Mathura road, 14/1 Sterling Automobiles Pvt Ltd. I resigned from my position on 1 December 2015. However, I have yet to receive my full and final salary. Each time I inquire, they provide new excuses. Currently, they claim there is an outstanding amount of Rs. 35,000, which I have informed them is not my responsibility. Despite my efforts, they refuse to address this issue. It has been over four months now. Please guide me on the appropriate course of action.

Regards,
Neeraj Kumar
[Phone Number Removed For Privacy Reasons]
Email: [Email Removed For Privacy Reasons]

Dear Neerajkumar,

Most probably, your establishment would have been covered by the Factories Act, 1948. Since yours is a case of resignation, you are entitled to encashment of leave with wages in your credit. If your total service is not less than 5 years, you are entitled to gratuity. It is advisable to file a claim before the controlling authority under the Payment of Gratuity Act, 1972 if you are eligible.

Thank you.

What is this amount outstanding related to? Why are they asking to recover it from you?

Also, I hope your previous communication was in writing or via email.

Depending on the nature of the outstanding dues, you can approach appropriate forums created under different Acts. Otherwise, you can send a demand notice to them. It is better to consult with a lawyer before sending such a demand notice.

Visit my labor law blog at www.labourlawhub.com

In any company, the Full & Final settlement process takes a maximum of 45 days. If they have taken more than 45 days to settle your F&F, then it's their fault. If the company's HR has completed your Full & Final settlement and they are raising a recovery amount of 35,000 Rs. in your F&F (Full & Final), ask them to provide you with a full and final break-up. From the F&F break-up, you will understand how they calculated your full and final amount.

It's possible that you did not serve the proper Notice Period, which is why they are deducting the Notice Period Amount from your full and final settlement. Additionally, there may be other company liabilities or recoveries imposed on you. Perhaps you did not return all the company assets, etc.

Try to communicate with them via email instead of telephone. If they still fail to respond properly, you may consider taking the matter to the Labor Court. However, before doing so, make sure to review your full and final break-up with them.

Have a nice day.

Dear sir,

Please review and respond regarding the outstanding amount of Rs. 35,000. You have the authority to determine the accuracy of their claim. If you disagree, you can assert your own claims such as bonuses, gratuity, PF, leave encashment, and unpaid wages that you are legally entitled to. After waiting for approximately one month, a complaint may be filed with the Labor Department.

Regards,
RDS Yadav
Director,
Navtarang HR Services