Hi, This is Neha. I had been associated with XYZ Company Ltd since September 2008 as a Team Leader and left the organization on February 7th, 2013. I also served a notice period of 15 days (although I requested 1 month, my Manager waived off the notice period after a discussion).
I have written confirmation of my resignation acceptance, but it has been over 5 months, and they have not provided me with my FnF (Full and Final settlement).
Can I go to the labor court for the same, and if yes, what documents would I need?
Please advise me as soon as possible.
Best Regards, Neha
From India, Noida
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I have written confirmation of my resignation acceptance, but it has been over 5 months, and they have not provided me with my FnF (Full and Final settlement).
Can I go to the labor court for the same, and if yes, what documents would I need?
Please advise me as soon as possible.
Best Regards, Neha
From India, Noida
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If you have been leading a 'team' with rights of either sanctioning their leaves, appraising their performance, or initiating disciplinary action against them, you cannot move to the Labour Court because the Labour Court is for the settlement of disputes of workmen and not of supervisors and managers.
If, on the other hand, you were just designated as a 'leader' without any supervisory authorities, then you can seek the help of dispute settlement authorities. Since the matter falls within the scope of the Payment of Wages Act, I recommend that you should first file your representation with the Labour Officer. Let the Labour Officer call the company's person and decide the way of realizing the dues. But before going legal, please write to the company and give a warning or just sound that you will be constrained to go legal if the settlement is not done within a week.
Madhu.T.K
From India, Kannur
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4483If, on the other hand, you were just designated as a 'leader' without any supervisory authorities, then you can seek the help of dispute settlement authorities. Since the matter falls within the scope of the Payment of Wages Act, I recommend that you should first file your representation with the Labour Officer. Let the Labour Officer call the company's person and decide the way of realizing the dues. But before going legal, please write to the company and give a warning or just sound that you will be constrained to go legal if the settlement is not done within a week.
Madhu.T.K
From India, Kannur
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Hi Madhu,
In my team, there was only one female colleague whom I was taking care of (excluding involvement in her appraisal, disciplinary actions, etc.). Do you think I can now file a case against my company?
Thanks,
Neha
From India, Noida
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In my team, there was only one female colleague whom I was taking care of (excluding involvement in her appraisal, disciplinary actions, etc.). Do you think I can now file a case against my company?
Thanks,
Neha
From India, Noida
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If you were entrusted with the duty of at least sanctioning/approving her leaves, then you would fall under the supervisory cadre. If so, you cannot file a complaint or suit against your employer in the Labour court. Certainly, you will have to file a civil suit in order to recover the dues from the company.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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How much is your salary?
You have 15 days of salary pending. Is there any other amount due?
Did you give a written resignation?
Did you get an acceptance?
Do you have an official acceptance of the waiver?
Have you sent an official request for your money?
What response did you get?
From India, Mumbai
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You have 15 days of salary pending. Is there any other amount due?
Did you give a written resignation?
Did you get an acceptance?
Do you have an official acceptance of the waiver?
Have you sent an official request for your money?
What response did you get?
From India, Mumbai
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Full n final settlement.doc