Struggling with Unsatisfactory Full and Final Settlement: What Are My Rights?

Dear Sir/Madam,

I was working in a company from which I left my job 5 months ago. After many communications, they are now processing my Full and Final settlement, but I am not satisfied with the amount.

Details of My Last Job

1. I joined there on the 22nd of February 2016.
2. I resigned on the 17th of October 2016.
3. I served a 16-day notice period instead of the required 30 days. I clearly stated in my resignation that I would serve only 16 days, but they did not respond to my resignation or my reminders.
4. Five months have passed since my resignation, and they are now processing my Full and Final settlement, but the amount is not satisfactory.
5. They deducted my Provident Fund (PF) but did not deposit it.
6. They are only providing me with my PF amount in cash and 10 days' salary for the days I served.

Could you kindly guide me on what they are actually liable to do in this situation?

Thank you.

Since your notice period was 30 days, they must have deducted the remaining amount from your salary, apart from the notice period of 16 days that you have already served. Regarding the PF amount in cash, I couldn't understand your query clearly. Could you please provide more details so that I can offer an appropriate view?

Thank you.

Thanks, they are saying that we will deduct the whole month's salary, and they deducted my PF but did not deposit it until now. Now they are giving me the amount of PF in my FNF, which is also less than the actual amount of PF.

I am advising as follows based on certain presumptions:

1. I hope you received an appointment letter from your employer. This letter should contain details about the exit clause.
2. You were receiving a payslip every month.
3. You have submitted your resignation in writing and obtained acknowledgment of the same.

First, collect any outstanding dues from the employer. Without informing anyone, go and meet the PF Commissioner to explain the situation. Fill out the PF withdrawal form and submit it to the Commissioner.

The PF Commissioner may request everything in writing, so write and provide the necessary documentation. Keep a copy for your own records.

Have they returned the employer's share of PF at 12% together with the employee's share of PF at 12% already deducted from your salary?

As suggested by Mr. Bharat, after receiving the amount, approach the PF department concerned with all the documents, requesting them to initiate appropriate action.

Thank you to all of you for your advice. I have received my appointment letter duly signed with the salary structure. I have resigned via email, and they have not provided me with salary slips. What can I do in this case? I have sent the printed copy of the email regarding my resignation and reminders through speed post to them as well.

Dear Members,

We provide solutions/advice to the problem/query raised by the employee, which is one-sided. We never know what the facts behind it are and always consider the Company/Employer as defaulters.

Referring to the above matter, the employee has hardly worked for 8 months. He forwarded his resignation by email; he didn't feel that he should submit a hard copy of his resignation to his Superior. He mentioned that he gave 16 days' notice, which is false. He worked only for 10 days and was absent for 6 days during his notice period. Under the circumstances, what does he expect from the Management?

Nowadays, most employees consider that once they secure employment elsewhere and submit their resignation with some notice period, their job is over, and they don't have any responsibility or accountability towards the organization where they have worked. They do not understand that because of their leaving the job, the organization has to make arrangements for another person in their place and sometimes finds it very difficult to get the right candidate. This may be one of the reasons why HR/employers get irritated and try to make the leaving employee face some hardship.

We do not know the salary of the said employee or whether he was a member of PF. If his basic salary is above Rs. 15,000/-, there are rare chances of his being a PF member. He doesn't have any payslip with him as a supportive document.

What I understand from his post is that he collected his Sept. 2016 salary, submitted his resignation by email on the night of 1st Oct. 2016 after receiving his salary, claimed to give 16 days' notice, and was absent for one week during the notice period. Naturally, no organization will favor such an employee who doesn't have the courtesy to hand over charges and get himself relieved smoothly.

If the Company terminates any employee, is it unfair labor practice? And when the employee quits a job without any notice or some notice, is it justified?

I have no intention to hurt anyone's feelings, but this is the fact.

Regards,

Suresh

Dear Mr. Jain, it is not clear from your query exactly what you want to say. You are now highlighting that your employer is doing this type of injustice to everyone.

Immediate Actions to Take

Write a letter to your employer with full details from your joining, stating that you joined the organization on 22.02.2016 as ____. You served the organization for 8 months and left on 17th October 2016 by serving a 16-day notice as per your resignation letter dated ____.

I regret to inform you that despite the lapse of more than 5 months and my repeated requests, you have not settled my dues. You are hereby finally requested to release my following dues without any further delay:

1. October 2016 salary for ____ days.
2. Unavailed leave encashment for ____ days.
3. My Provident Fund Account number under your organization.

Yours faithfully,

XYZ

Cc to: The Labour Enforcement Officer, The Labour Commissioner

Send the above letter with slight modifications by Registered AD Post and by hand delivery to the Labour Department.

Provident Fund Withdrawal

Similarly, write a separate letter to your organization regarding Provident Fund withdrawal. Submit applications in Form No.19 & 10 B, furnishing your bank account details, name & address, copies of IT PAN, Aadhaar Card with Bank Passbook, or Personalized Cheque Leaf, etc., and mark a copy of the said letter to The Regional Provident Fund Commissioner, where your Company has PF registration. This information you need to collect from your co-employee.

In this letter, you have to write the whole thing that you joined them on ___ as ____ and left service on ________.

During this period, you have deducted my Provident Fund as:

Month

Thank you.

Steps to Address Employer Injustice

It is not clear from your query exactly what you want to say. You are now highlighting that your employer is doing this type of injustice to everyone.

Now do the following immediately.

Write a Letter to Your Employer

Write a letter to your employer with full details from your joining, stating that you joined the organization on 22.02.2016 as ____. You served the organization for 8 months and left on 17th October 2016 by serving a 16-day notice via your resignation letter dated ____.

I regret to inform you that despite the lapse of more than 5 months and my repeated requests, you have not settled my dues. You are hereby finally requested to release my following dues without any further delay:

1. October 2016 salary for ____ days.
2. Unavailed leave encashment for ____ days.
3. My Provident Fund Account number under your organization.

Yours faithfully,

XYZ

Cc to: The Labour Enforcement Officer
The Labour Commissioner

Send the above letter with little modification by Registered AD Post and by hand delivery to the Labour department.

Provident Fund Withdrawal Process

Write a separate letter to your organization regarding Provident Fund withdrawal. Submit applications in Form No.19 & 10 B, furnishing your bank account details, name & address, copies of IT PAN, Aadhaar Card with Bank Passbook or Personalized Cheque Leaf, etc., and mark a copy of the said letter to The Regional Provident Fund Commissioner, where your company has PF registration. This information you need to collect from your co-employee.

In this letter, you have to write the whole thing that you joined them on ___ as ____ and left service on ________.

During this period, you have deducted my Provident Fund as follows:

Month | Basic Paid Salary | PF Contribution
Feb. 2016
March 2016
Oct. 2016
Total Contribution

Please note that you have not provided me with my Provident Fund Account number allotted to me, and hence you are hereby advised to fill it on my PF withdrawal applications and submit it to the PF Office duly attested by you.

T. Y.

Y. F.

XYZ

Send documents by RPAD and hard copy to the PF Office by hand delivery. You do not mention that your PF is not remitted. What you have to mention is that despite your repeated request, the company has not provided you with the PF Account number till date.

Please note that you have not yet disclosed your salary details, your date of resignation, and whether you have handed over the charge or not. In the absence of such details, proper guidance is difficult.

Regards,
Suresh

Dear Mr. Suresh,

Thank you for your guidance. The company is ready to settle my account. However, I am having difficulty articulating my actual query and expressing the sense of injustice I feel they are imposing on me. I would greatly appreciate it if you could discuss this matter with me in person to understand the situation better.

Mobile number: 9713547948

Dear Mr. Jain,

You have not yet replied to the question, "Have they returned the employer's share of PF at 12% together with the employee's share of PF at 12% already deducted from your salary?"

The employer is liable to deduct salary for a shortfall in the notice period of 14 days. You were issued an appointment letter in hard copy, not by email. You should have had the minimum courtesy of submitting a resignation letter in person and obtaining an acknowledgment. You have not done that. At least now, work out your legal dues for your service, such as leave encashment, bonus, PF employee share, and employer share, etc.