Dear All,
I was working with a service provider company. There, I resigned on March 15, 2017, served a 30-day notice period, and April 14, 2017, was my last day working there. As per their policy, they conducted the Full and Final settlement (FNF) after 45 days, and on May 30, 2017, my FNF was due.
After that, I called them many times, and they informed me that they are processing it and I would receive it within the week. However, four weeks passed, and on June 28, 2017, I emailed them regarding the FNF, and they replied that it would be processed by July 27, 2017.
They had already delayed the FNF by 30 days, and now they are asking for an additional 30 days. Moreover, I received the email from their legal department, not the HR department.
Seeking Legal Advice on Delayed FNF Settlement
I want to know if there is any provision or law for this situation and if I can claim interest on my money. In general, if I keep that money in my bank and create a Fixed Deposit (FD), I would earn interest.
Kindly provide me with your advice.
From India, Delhi
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I was working with a service provider company. There, I resigned on March 15, 2017, served a 30-day notice period, and April 14, 2017, was my last day working there. As per their policy, they conducted the Full and Final settlement (FNF) after 45 days, and on May 30, 2017, my FNF was due.
After that, I called them many times, and they informed me that they are processing it and I would receive it within the week. However, four weeks passed, and on June 28, 2017, I emailed them regarding the FNF, and they replied that it would be processed by July 27, 2017.
They had already delayed the FNF by 30 days, and now they are asking for an additional 30 days. Moreover, I received the email from their legal department, not the HR department.
Seeking Legal Advice on Delayed FNF Settlement
I want to know if there is any provision or law for this situation and if I can claim interest on my money. In general, if I keep that money in my bank and create a Fixed Deposit (FD), I would earn interest.
Kindly provide me with your advice.
From India, Delhi
Acknowledge(0)Amend(0)
Payment of Wages Act, 1936: Termination and Wage Settlement
As per the Payment of Wages Act, 1936, Section 5(2) states that if an employee is terminated, their wages should be paid before the expiry of the second working day from the date of termination. You can file a complaint about this with labor officers/inspectors in your area. They will assist you in obtaining your full and final settlement from the employer. After conducting an inquiry with both parties, the labor officer can decide whether an additional penalty (ranging from Rs. 1500 to Rs. 3000) should be paid by the employer after the full and final settlement, or no penalty if the employer justifies the situation to the labor officer.
From India, Chennai
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103As per the Payment of Wages Act, 1936, Section 5(2) states that if an employee is terminated, their wages should be paid before the expiry of the second working day from the date of termination. You can file a complaint about this with labor officers/inspectors in your area. They will assist you in obtaining your full and final settlement from the employer. After conducting an inquiry with both parties, the labor officer can decide whether an additional penalty (ranging from Rs. 1500 to Rs. 3000) should be paid by the employer after the full and final settlement, or no penalty if the employer justifies the situation to the labor officer.
From India, Chennai
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Full n final settlement.doc
Full & Final Payment.xls