Struggling After Job Loss: How Can I Get My Full and Final Settlement from My Employer?

I worked for an automobile company as an assistant manager for five years. They then terminated my service because I was not willing to relocate to a new city as my father is a cancer patient. It has been three months, but they have not settled my FnF yet. Even before I was terminated, they were paying only 50% of the full salary for several months. As a result, I am facing an acute shortage of money to help my bedridden parents and to pay the school fees of my children.

So much so that I had to admit my children to a government school, for I could no longer pay the fees of a private school. I have defaulted on my loans, and my CIBIL score is extremely bad. What do I need to do to force the company to pay my dues? Kindly let me know if I am eligible for gratuity.

Dear Mushtaq,

Please provide your Date of Joining and Leaving, along with your last Drawn Basic Salary + DA + VDA, to determine your eligibility for Gratuity.

Following the Termination of Service, you should have received Notice pay as stated in the Appointment letter, Leave Encashment, pending Salary, Bonus, etc.

Thank you.

Dear Srinathji,

I joined on 24th August 2012 and was terminated on 15th September 2017 with immediate effect. The salary remained the same throughout these five years: 4.8 lac gross per annum. I have not received the FnF statement yet, though the HR told me yesterday that they will provide the statement this Monday. However, they are not sure how much time it might take for the actual payment to take place.

Dear Mushtaq,

Please submit your claim for gratuity also in writing. You are liable to receive 10% interest per annum for belated payment of gratuity. The due date is 1 month from the date of termination.

Furthermore, what is the reason for your termination? This is required to know whether you are eligible for gratuity or not.

Thank you for the help. I was terminated because I could not shift to a new location assigned. It was not possible for me to shift because my father is a cancer patient and he needs to be looked after. In addition, much before I was transferred, the company had been paying only 50% of the salary for almost a year to all its employees. I could have thought of moving to the new location if they had paid the then-accumulated pending salary. It was practically impossible to move because I didn't even have money to fund the schooling of my children, not to speak of moving to a new place and then surviving there.

Regards

Dear Mushtaq,

My sincere prayers for the speedy recovery of your beloved father. Please focus on getting arrears of salary, gratuity, leave encashment, etc., highlighting your father's health condition duly supported by a medical certificate.

Thank you for your concern and guidance. I forgot to mention that all those employees who have left the company in the last two years have not been paid their dues. I was considering taking legal action against the organization, but my seniors have advised me against it, as they believe an employee cannot afford to challenge an organization as large as ours. Could you please advise me on the remaining legal options available to me? Please don't mind the numerous questions. Regards

Hi Mushtaq,

If all the outgoing employees are not being paid their settlement amounts, they should not keep quiet. You can file a written complaint with the Labor department, outlining the facts and obtaining consent from all the affected employees.

One thing is certain, regardless of the organization's size, it cannot deny employees their dues. Furthermore, legal proceedings like this often experience delays, so you must be patient and ensure proper representation at the department to achieve a resolution.

Thank you, Mr. Venkata,

Can I approach the National Human Rights Commission (NHRC) against the company?

Regards

You can certainly approach, although the appropriate forum is the Labor Department.