Termination Troubles: How Can My Friend Ensure a Quick Full and Final Settlement?

Termination Rules and Laws Update Needed

I need some updates on termination rules and laws. Recently, one of my friends was terminated by his company for refusing to transfer to a different city. The HR department forwarded a letter that clearly mentions his immediate termination and that he will be paid his salary up to last month plus an additional month's pay.

He still has the company ID and a few other assets and is willing to hand them over to the company to settle his Full and Final (FnF) settlement. The company HR has informed him that it will take 45 days to settle his FnF after he deposits all assets according to the company's protocol.

He has requested a confirmation email stating the total amount he will be paid and the date on which the FnF settlement will be handed over to him. However, they have refused to provide any information and keep giving different excuses for not being able to share details.

As far as we know, in the case of termination by the company, the FnF should be processed and handed over within 24 hours. However, this company is not willing to adhere to this timeline.

In this scenario, what is the best course of action for him to get his dues cleared as soon as possible?

Employee Transfer and Termination Procedures

Transferring an employee from one location to another is a legal action as long as it does not deviate from the employee's service conditions. However, terminating an employee's service without following procedural formalities is a violation of the principles of natural justice. Therefore, the employee can seek a remedy by approaching the relevant Labor Department.

Once the employee files a claim for settlement after termination, the employer must process it immediately without any delays. Your friend may be required to submit a written claim, with a copy sent to the Labor Department. If the claim is not paid within a specified time, it may accrue a reasonable percentage of interest until the claim is settled.

The process of labor law would be time-consuming, although approaching it would pose a threat and fear to the employer. However, the employee has to hand over company properties like a laptop, etc. Otherwise, that itself would be a reason to delay the final settlement by the employer.

Duty is terminated after disciplinary action and not at whims. First comes a show cause, then a call for explanation, followed by an enquiry, and finally, punishment. No service condition allows termination without a valid reason. Refusal to transfer may be considered indiscipline and a violation of instruction. However, the above formalities must be fulfilled. Please provide a copy of his appointment letter for further comment.