Full & Final Settlement - Workmen Compensation

Hi All

I have resigned from an international back office as a Team Leader after working for nearly 6.9 years. I served my 2 months notice period and my last working date was 06/01/2012. As per norm i am supposed to receive my F&F settlement after 45 days from my last working date. However, till date i have not received my due and its been 61 days now. I got my relieving letter and the F&F amount break up yesterday and when asked about the money HR told me it will be sometime next week. Its a substantial amount as it includes Gratuity and the delay is causing me lot of inconvenience.

(a) What actions can be taken by me to expedite the process.

(b) Is the HR team answerable to anyone for the unusual delay.

(c) Is there any legal action i can initiate for the delay.

(d) Are there any provisions under workmen compensation or payment of gratuity act against such full and Final settlement delays.

I would be very grateful if someone can guide me here and help me get my rightful dues ASAP.

Regards

Dear Mausam,
Any way you are going to get your money next week why you want to make the things complicated.
A) Since you have received your F & F statement no need to do.
B) HR team is just a coordinator and here Finance plays a vital role. so blaming HR doesn't make any sense.
C) If you are going legally you could get the interest for late days for gratuity amount exceeding 30 days.
D) You can claim for Interest for delay in Gratuity.
But working for 6.9 yrs in an organisation is a good reputation, Why you want to sue the organisation which has given a good career for 7 yrs for the mistake done by the people working there or issues which would have caused the delay for your F&F.
Just wait for 1 week and get the amount happily.

Hi
Thanks for your response Shenbagarajan. I really appreciate the fact that you took out time to respond to my queries. I think i will wait it out as suggested by you though the fact remains unchanged that the dismal attitude of the HR with such a tenured employee is really heartbreaking and some higher up in the HR should be made aware of this fact. Do you think writing a mail to the HR head will help bring in some more stringent controls in place so that the regular TAT of 45 days is met in the future for others. Moreover, i am going to submit my pension and EPF forms to them so do you think that writing a mail to HR head will have negative repercussion when it comes for them to forward the same to the regional PF office. Awaiting your response eagerly.
Regards

Dear Mausam,
No body can do anything with your PF, just fill form 19 and 10 C. But if you are working you can transfer your PF amount by giving Form 13 through your present employer. Transfer will be a good idea.
You can send a polite e-mail or letter to the Head Hr of your hardship for receiving your F & F and the response from the HR team. Since you are a senior employee in the organisation the Head HR will surely take action and in future the relieving employee will get the F& F on the TAT time.

My Name : Amitkumar Shami

Employer : Chaitanya Chemicals (Partnership Firm)

Location : Malkapur-443101, Dist. Buldana, Maharashtra

Designation : Asst. Manager

Period : 2nd June, 2008 to 13th May, 2012

As stated above I worked with above mentioned organization for more than 3 years, due to some personal reasons I have resigned from my job by procedure (i.e. One month notice period duly acknowledge by CEO) till date its 24th June, 2012 thay have not done my Full & Final settlement.

I have furnished my One month notice prior resignation on 13th April, 2012 and got accepted by CEO of the company mentioning that clear my all the dues upto 12th May, 2012. By procedure I have cleared my all dues upto 12th May, 2012. And relieved on the 12th May, 2012 they assured me that “ your salary for the month of May (upto 12th May, 2012) we will pay as usual in next month also we will clear your balance EL, Bonus & PF claim as well”, but till date they have not made my full and final settlement. I am having all the legal documents as follows :

1. Copy of Resignation Letter duly signed.

2. Relieving Letter duly signed by signed.

3. Experience Certificate duly signed by signed.

4. Copy of no dues certificate duly signed by signed.

5. Copy of Data, Assets handover certificate duly signed by signed.

6. Appointment Letter duly signed by signed.

7. Promotion Letter duly signed by signed.

Till date I have communicated with the management regarding the F&F settlement so many times by Email and verbally but they are not giving me any response. One of the partner have given reply that they will take the legal action against me as I have played mischief with the data or erased the data from computer, if such thing happened how they relieved me from my services.

Dear sir please suggest me the legal way to get release my all the payment from employer (i.e. Balance Salary, Encashment of EL, Bonus and My PF)

Waiting for your favorable reply.

Can anyone help me...Please

Sir,
As per the rules you are clearly follow the rules and you gave the notice period but the thing is management is not supporting you and some times they will go for ego also but you just consult the legal advisor in your case but in F&f settlement don't add PF you should settlement forms like form 19&10c in the HR Dept.for F&f settlement your eligible for bonus,EL,reimbursements,gratuity .
Regards,
Sudhir kumar