How Can I Legally Challenge My Employer for Incorrect Final Settlement?

I am an IT employee earning more than 10 L per annum. My full and final settlement is incorrect and against the law. How and where do I complain against the employer?

Dear member,

If you feel there is an inaccuracy in the computation of your terminal dues, have you brought the anomaly to the notice of the concerned authorities? If yes, how was it done? What reply have they given?

If the reply given by the company was also wrong or if no reply was given at all, what further correspondence have you done?

Hereafter, start sending hard copies of the letters you send to the office. Yes, I know you are from the IT company, and what I am recommending may seem ridiculous; however, in case you are required to approach the court in the future, you need to have tangible proof of correspondence at hand, and for this, you need to do this.

The last resort is to approach the MD of the company. Prepare the letter, take a printout, scan the copies, then send the letter by speed post. Scan the receipt of the printout also, and you may send the whole thing by email. However, the transmission of the soft copy should be in addition to the hard copies. Prepare a file to store all the hard copies chronologically.

Thanks,

Dinesh Divekar

Dear Colleague,

As your CTC is 10L, you are out of the coverage of the Industrial Disputes Act, and hence you cannot resort to seeking a remedy under the said Act.

Steps to Address Full and Final Settlement Issues

First of all, ask for an authentic F&F working sheet from the company. The company is bound to provide you with the sheet. Check your F&F, and if you find a difference, escalate and try to get clarification directly from your Finance or HR. Normally, it will get clarified or resolved. If there is no help, then escalate to your Corporate suitably for getting it resolved. If it is still not resolved, then you may send a notice through your Advocate stating clearly the difference in working and so on. Give them a time of 30 days to settle the difference in the notice or to provide you with clarification. If it is justifiable, then drop all. If not, then through your Advocate, file a Civil Suit before the Court of Law for a remedy.