Struggling with Unpaid Dues: How Can I Get My Full and Final Settlement Resolved?

Dear Sir/Madam,

On 14th September 2019, it will be one year since I left the job, but my employer hasn't completed the full and final settlement. Initially, HR stated that they would not pay me anything. Despite numerous requests through email, they did not respond. I then sent them a legal notice with the help of an advocate, but still, they did not reply.

After 10 months of continuous requests to the CEO, I received an email offering only ₹14,000 instead of the owed amount of ₹65,000. Additionally, they are unjustly holding me responsible for stock loss, which is not true. They cited a flimsy excuse that the delay was due to HR changes, which occurred 11 months after my departure. Furthermore, they are once again not responding to me.

I am reaching out to request your guidance as I am very distressed and seeking justice. Do I need to file a case before the completion of one year since my resignation?

Thank you.

Understanding Your Rights and Next Steps in India

⚖️ Legal Recourse: In India, the Payment of Wages Act, 1936, governs issues related to salary and wages. If your employer has failed to provide your full and final settlement, you have the right to take legal action.

📝 Document Everything: Ensure you have copies of all communication, including emails, the legal notice sent, and any responses received. This documentation will be crucial in any legal proceedings.

📅 Statute of Limitations: While the law allows for a one-year period to file a case, it's advisable not to delay legal action if your employer continues to be non-responsive. Consult with your advocate on the best course of action.

💬 Seek Resolution: Attempt to engage in dialogue with your employer one final time, clearly stating your rights under the law and the consequences of non-compliance. This may prompt them to reconsider their stance.

📞 Consult with Legal Counsel: Given the complexity of the situation, it's essential to seek guidance from your advocate on the most effective legal steps to take. They can provide tailored advice based on the specifics of your case.

📑 Prepare for Legal Action: If all attempts at amicable resolution fail, be prepared to initiate legal proceedings before the completion of one year since your resignation. Your advocate can assist you in drafting and filing the necessary legal documents.

💪 Stand Firm: Remember, you are entitled to your full and final settlement as per the law. Do not succumb to any unjust demands or pressure tactics from your employer.

Taking proactive steps and seeking legal recourse is crucial in ensuring your rights are upheld in this situation. Consult with your advocate promptly to determine the best course of action moving forward.