Full & final settlement not get after 3 month

Dear Sir/Madam,

I have been working in a company for the last 6 years. Due to a misunderstanding with my reporting manager, firstly, he stopped my annual increment (which was less than 5-6% compared to others). Then, he increased my workload by adding branch operations. When I refused to take on the additional work, they ordered my removal without a notice period.

It has now been 3 months since then, but they have not released my final settlement. I kindly request your assistance and guidance on the best course of action to expedite the settlement process.

Thanks & Regards,
Ashwani

By this time, you should have corresponded with the employer regarding your dues like gratuity, leave encashment, etc. You are eligible for interest at 10% for belated payment of gratuity. Initiate action immediately with your employer.

Dear Sir,

They firstly asked for my resignation. They are not ready to give a notice period. If the removal is from the company's side, then I am eligible for a two-month notice period salary.

Kindly suggest the same.

With Regards,
Ashwani

Dear Sir/Madam,

I have been working at L&T Power in NPCIL, Rawatbhata, Kota, Raj-32303 for the past 5 years. Unfortunately, due to some personal problems, I have resigned from my position. However, the HR/IR personnel, Samir Kumar Das, has not provided me with my full and final payment, excluding the bonus amount.

It is disheartening to experience such treatment from HR/IR personnel, as it does not reflect well on the company's relationship with its employees.

Thank you and regards,

Satyajit Mansingh
HR-Executive
L&T Power, RAPP-7 & 8 (NPCIL)

Dear Satyajit,

You have not clarified the details of the Full & Final Settlement due to you. Please note that you were employed in a company. Consequently, make a written complaint to the employer detailing the dues. Being an HR Executive, by this time, you should have done this. There is no point in blaming the HR Manager. Instead, take the help of forum members and pursue the matter vigorously.

Dear Ashwani,

I am sorry, but I have not understood your query. Please frame your question properly, giving details of your case.

Not only in India, worldwide companies are creating problems for their employees. The work culture is becoming biased day by day. No policies are being adhered to.

It's a question mark nowadays. In the offer letter, many companies do not mention that after the acceptance of resignation, the settlement will be done. Once you start calling, many kinds of excuses are given. It can be accepted that if any issue was there at the employee's end, then the company has the authority to do all necessary things.

Dear Sir (Srinath),

I work in a company branch office and have been working there for the past 6 years. This year, the company provided only a 6% increment. When I inquired about this, they mentioned it was due to my performance. In the same month, they increased my responsibilities by assigning me an additional branch to handle. I expressed that handling additional responsibilities without a salary raise was not feasible for me. Consequently, in the next month, they pre-planned to terminate my employment without prior notice. On December 12th, they informed me that my work was not satisfactory (as I declined the additional responsibilities), and by December 31st, they stated it would be my last day.

Despite working for more than 5 years, they did not provide the appropriate notice period salary of 1 to 2 months as per the regulations. When I reached out to them via email, there was no response. On calling them, they insisted that I resign first before processing my Full and Final (F&F) settlement.

I seek your assistance regarding this matter. Please guide and advise me on how to obtain my F&F settlement, gratuity, Leave Encashment, and notice salary.

Regards,
Ashwani

Dear Ashwani,

Thanks for your detailed reply. However, vital details like your designation, last drawn gross salary, details about your employer, terms & conditions of your appointment letter, and whether you have stopped going to work are not provided. Nevertheless:

1. You are entitled to notice pay as mentioned in your appointment letter, mutually agreed upon and accepted by both the employee and employer.

2. You are entitled to gratuity if you have completed more than five years of continuous service. Please provide your date of joining, date of leaving, last drawn basic salary, DA/VDA.

3. You are also entitled to encashment of any leave balance.

4. If your Basic+DA+VDA was Rs 21,000/- PM or below, you will be entitled to a bonus for the financial year 2017-18.

5. If you have not received your December 2017 salary, please inform us.

I hope this information will constitute your full and final settlement. Please provide the required details for us to suggest the next course of action.

Dear Sir,

Kindly provide me with the process and procedures for obtaining all the above information, along with the government rules and regulations related to the same. I will communicate these rules to my employer; otherwise, if it is not possible, I will proceed to the labor court.

Regards,
Ashwani