Dear All ,
I have worked in a IT Organisation outskirts of Karnataka. I have resigned 5 months back and till date they have not paid the Full and Final settlement.
I have all the exit documents which says I have completed all my exit formality.The policy says F&F will be paid after 45 days and now its more than 5+ months.
I have around 30+ mail conversation asking for payment. All the replies from the management is will do this week , next week all the bla bla bla.
Please find the my questions.
1. Can I go legally against them?
2. Can I get compensation since they have not paid on time?
3. They have not provided by UAN no.
They take employer contribution also from the employees end , can this be challenged in labor court.
Please suggest can be done.
From India, Coimbatore
11I have worked in a IT Organisation outskirts of Karnataka. I have resigned 5 months back and till date they have not paid the Full and Final settlement.
I have all the exit documents which says I have completed all my exit formality.The policy says F&F will be paid after 45 days and now its more than 5+ months.
I have around 30+ mail conversation asking for payment. All the replies from the management is will do this week , next week all the bla bla bla.
Please find the my questions.
1. Can I go legally against them?
2. Can I get compensation since they have not paid on time?
3. They have not provided by UAN no.
They take employer contribution also from the employees end , can this be challenged in labor court.
Please suggest can be done.
From India, Coimbatore
They take PF employer contribution also from the employees end , can this be challenged in labor court.
From India, Coimbatore
From India, Coimbatore
Dear Robin,
You can raise Industrial dispute under section 2k. All you need to do is, first you need to find the concern labour officer for your territory.
Take all your mail conversation and relevant documents. Draft a letter mention all your dispute and give the complaint to labour officer. He will guide you and he is the only authority person/ competent person fixed by appropriate government. .
Regards
Sudharshanan
From India, Madras
You can raise Industrial dispute under section 2k. All you need to do is, first you need to find the concern labour officer for your territory.
Take all your mail conversation and relevant documents. Draft a letter mention all your dispute and give the complaint to labour officer. He will guide you and he is the only authority person/ competent person fixed by appropriate government. .
Regards
Sudharshanan
From India, Madras
Dear Robin,
Though there is no mention about the nature of payments due to you of course other than EPF consequent on your resignation 5 months back, I think the dues may comprise of gratuity in case your service is not less than 5 years, salary for the unavailed portion of leave, unpaid salary if any, for the last month of your service and bonus for the accounting year, if you are eligible. For gratuity you have to file a claim before the Controlling Authority under the Payment of Gratuity Act,1972 together with 10% simple interest for the period of default. Regarding the other dues I mentioned, well, you can approach the area Labour Officer, though he has no statutory powers for directing the management to pay, his intervention may be a kind of positive persuassion. Otherwise you have to file separate claims u/s 33C(1), 33C(2) of the Industrial Disputes Act,1947 for unpaid salary and leave salary respectively. Regarding deduction of employer's contribution from your salary, you have to make a complaint to the Regional Provident Fund Commissioner.
From India, Salem
Though there is no mention about the nature of payments due to you of course other than EPF consequent on your resignation 5 months back, I think the dues may comprise of gratuity in case your service is not less than 5 years, salary for the unavailed portion of leave, unpaid salary if any, for the last month of your service and bonus for the accounting year, if you are eligible. For gratuity you have to file a claim before the Controlling Authority under the Payment of Gratuity Act,1972 together with 10% simple interest for the period of default. Regarding the other dues I mentioned, well, you can approach the area Labour Officer, though he has no statutory powers for directing the management to pay, his intervention may be a kind of positive persuassion. Otherwise you have to file separate claims u/s 33C(1), 33C(2) of the Industrial Disputes Act,1947 for unpaid salary and leave salary respectively. Regarding deduction of employer's contribution from your salary, you have to make a complaint to the Regional Provident Fund Commissioner.
From India, Salem
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