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Full and final payment

I worked in a Chandigarh based company as G.M. (I.T.). In 2010, I was asked to leave due to a major financial shakedown. At that time, my 2.5 months salary was outstanding. Keeping one month's notice period in mind, my total full & final included 3.5 months salary. Now, I've approached them number of times through mail, telephonic calls and personal visits to clear this payment. They have been delaying this payment on one pretext or the other. I am forced to believe that their intentions are doubtful. What can I do to recover my dues from them?

nanu, posted on November 5, 2012 at 11:28 am    Harassment


Nishta Gupta said November 6, 2012 at 01:45 pm

Dear Nanu,
Full and final payment is your legal right. I am assuming that the company is still in operation and has not shut down permanently. If there are other ex-employees along with you who are facing this problem, I suggest that you fight this out as a group and not as individual employees.

There are a couple of things that you can do:
1. Send a notice to the company through your lawyer. You may state that you will also file a complaint with the Police for cheating and misappropriation of your money.

2. You can approach the labour officer under whose jurisdiction your company falls and have a talk with him/her. Sometimes an interest in such issues by the labor officer is enough to get things done.

3. You can then hire a good lawyer (specialising in labour law) who will file a civil case on your behalf. This is a lengthy process.

4. If you have some contacts in the local media, please publish the unscrupulous acts of the company so that it can build pressure on them.

Hope this helps. Best of Luck!


nanu said November 9, 2012 at 01:10 pm

Hi Nisha,

Thanks for detailed and helpful advice.

Just to let you know that company still exists.

Actually, I've seen ex-employees of this company file civil complaints against them but sadly, none have resulted any any favorable response. Encouraged by this, now, company officials openly challenge and ask ex-employees to file case, if they so desire. During court proceedings, they simply send their representative and get next date. They can afford to waste time on these time consuming case activities but an employee cannot take out so much time on regular basis to visit court etc.

I know you have already given all possible options but still, if you have any thoughts just let me know.

Thanks again.


Nishta Gupta said November 10, 2012 at 09:25 am

Nanu,

Given this background, I would bet on option 4 wherein you try and publicise this through the media. Unfortunately, the legal process is so lengthy that justice delayed is often justice denied!! If you can find any contacts in Tribune, please get the story published and that may lead to some embarrassment for the company and eventually they may give your dues.

Best of Luck from Fixerline!


nanu said November 10, 2012 at 10:44 am

Thanks Nisha. This conversation has given me few ideas for exploring this issue and its resolution.




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