Dear All
Can any body tell me that within how many day the full & final settlement is cleared from the date of resigned by the employees.
what is the rule & regulation of it,and if what is the draw back of non payment after a month.
thanks & Regards
Rajneesh Srivastav
Mob:9920714522
From India, Mumbai
4Can any body tell me that within how many day the full & final settlement is cleared from the date of resigned by the employees.
what is the rule & regulation of it,and if what is the draw back of non payment after a month.
thanks & Regards
Rajneesh Srivastav
Mob:9920714522
From India, Mumbai
Dear Rajneesh Srivastav,
This query is some what difficult & because of this most of the members are not coming forward to attempt this particular query. Moreover, as there is no specific law relating to full & final settlement of dues to be made the employee/ worker/ officer who is not covered under any of the labour laws or covered under any of laws e.g. The Payment of Gratuity Act. For giving proper reply one have to examine under which of the labour laws/other law the employee is entitled to have payment from the employer. The position may also be different if some one himself resign or his services are terminated by the employer. For example if any person resign for service which is covered under The Factories Act, 1948 then encashment of the EL will be made on or before the next pay day but if the employment is terminated then as per section 79 (11) his encashment of EL shall be made before the second working day after such termination. If the establishment is covered under Shops Act then we are to go through the provision of respective State Shops & Commercial Establishment Act for encashment of EL. Similarly Bonus, if applicable to the unit then this will be paid or may be paid within eight months from the close of the accounting year. Gratuity if payable within 30 days. Thus one have to examine each & every head of payment for this query.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
This query is some what difficult & because of this most of the members are not coming forward to attempt this particular query. Moreover, as there is no specific law relating to full & final settlement of dues to be made the employee/ worker/ officer who is not covered under any of the labour laws or covered under any of laws e.g. The Payment of Gratuity Act. For giving proper reply one have to examine under which of the labour laws/other law the employee is entitled to have payment from the employer. The position may also be different if some one himself resign or his services are terminated by the employer. For example if any person resign for service which is covered under The Factories Act, 1948 then encashment of the EL will be made on or before the next pay day but if the employment is terminated then as per section 79 (11) his encashment of EL shall be made before the second working day after such termination. If the establishment is covered under Shops Act then we are to go through the provision of respective State Shops & Commercial Establishment Act for encashment of EL. Similarly Bonus, if applicable to the unit then this will be paid or may be paid within eight months from the close of the accounting year. Gratuity if payable within 30 days. Thus one have to examine each & every head of payment for this query.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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Full n final settlement.doc