Full & Final settlement being delayed! - pls advice - pf form

seeking_advice Started The Discussion:

I quit my Indian company of 22 months and have joined a new one out of India.

I had given my full notice period and have received my relieving letter too.

Now, I have the following due from the company:
1. Reimbursements --- partly paid
2. Salary upto last day --- partly paid
3. Bonus --- refusal to pay
4. Paid leave encashments --- refusal to pay
5. Provident fund --- HR says it is in process but I have not seen any progress till date! I know that for people going abroad, the PF office clears payments within a week. I have indicated the same in the PF form and attached all required documents (visa/passport etc) and submitted to HR. I am sure that HR has not submitted my PF forms yet.

For 1&2 - The company does not respond when it is going to pay the remaining.

For 3&4 - Company policies are cited for not paying the same. The bonus and PLE were due in April-2008 but till the time I resigned (in Sep'08) the company delayed payments under vague reasons and now they say that to claim the same, you have to be an employee when it becomes due for payment! I have all documents where the payment schedule for bonus and PLE are clearly stated.

I know that the employer is delaying my settlement because it knows that I am not in India and will not pursue a court case (and they are right). Each time I mail or call them I get a response that they will get back to me in 2 days; and I do not get a response from them and the cycle continues. After repeated followups and escalations to the MD, I have received part payments for 1&2 but that is less than 40% of what they owe me.

I need to know what are my options.

malikjs -  Member Since: Oct 2008
you are not entitle for bonus if your basic is more than 10 k.however for other payments you send a legal notice thorugh some advocate .if they donot pay file a case.your presence is not required for this initially.
j s malik

amitkrgera -  Member Since: Dec 2008

you can do one thing. Write a detailed letter to your previous employer asking for payment of balance amount related to reimbursements, bonus etc with a copy marked to Labour Office of the area where the organisation is situated with a request to intervene in getting the matter sorted out.

I hope this will help you in getting your payments.

Amit Anand Gera

hemamehra -  Member Since: Aug 2012

Ca u tell me how to write letter to labour court inspector to file case against employer who has not yet cleared my dues since last one year. every time he is saying will pay u in 10 days inspite of company is getting payments from buyers.

plz advise how to write a letter.



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