Struggling to Get My Final Settlement from a Former Employer – What Can I Do?

I was working in a Chemical Company located in Ambernath (W), Dist.-Thane from November 2012. On 01/03/2018, the Company Management sent me a Termination Letter and mentioned that my full and final settlement would be given on 10/04/2018. From 10/04/2018, I continuously sent emails to the Company Management for my Full and Final Settlement Amount, but no response was received from the Company Management.

Please let me know what action I should take against the company. I am not in a financial position to fight in the Labour Court against the Company. Please guide me.

Dear Ajay,

As you have worked for more than 5 years, you are also entitled to receive an amount of gratuity. To address your query, we need to know the reason for the termination of your services, as gratuity needs to be paid within 30 days after an employee leaves the organization. It can be kept on hold or not paid only in certain cases, so we need to know the reason.

Dear Mr. Manoj Kamble, the company mentioned in the termination letter that due to my improper work, they suffered losses in pending Sales Tax matters dating back to 2001-02. I disagree with the blame placed on me because I joined in November 2012, and despite the Sales Tax matters being old, I made efforts to resolve them to the best of my abilities as an Accounts Assistant. However, the old Sales Tax matters remain pending due to my seniors. I have sent at least 5 emails seeking reasons for withholding my cheque, which is ready according to the HR department, but the Company Management has not provided an explanation. My March 2018 salary, 45 days of leave salary, bonus, gratuity, and one month's notice salary are still outstanding from the company. Additionally, my PF withdrawal form has not been filled out by the company.

On 11/04/2018, when I checked my Salary Account, the salary was credited by the company. Upon contacting the HR department via email for clarification on the payment, I did not receive any response regarding the type of payment made by the company.

I seek your advice as I am currently not in a financial position to pursue legal action in the Labour Court against the company.

Thank you for your attention to this matter.

Sincerely, [Your Name]

Dear Ajay,

Please approach the Jurisdictional Labour Department with your grievance regarding "Non-Payment of Full & Final Settlement" for which financial year the bonus was due. You can withdraw your PF after 2 months from the date of termination. Additionally, you can opt for online PF withdrawal if your Aadhaar Number is linked to your UAN.

Thank you.

Dear Ajay,

Please meet the HR department and discuss with them. Handle the issue gently. If the financial position of the company is weak, they may delay but can't deny. 60 days of unemployment will enable you to withdraw PF savings. We wish that you get a job well before that.

Wish you good luck.