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Question
Hi,

I was working in company for 1.6 years, and resigned my job after serving notice period. I got relieving and experience letters properly. But i was not paid the full and final settlement, whenever i ask for the settlement they are saying that within 15 days they will settle, but nothing happened yet for more than 8 months. what action i can take against them. how i can proceed on this case.

Regards,
Rajesh

Answer
Jayapal: Suggest to please proceed as follows:

1. Prepare a letter stating full history of when you have resigned and when you got relieved etc and requesting settlement which is pending for 8 month and state further that you will have no option to initiate legal action if the settlement is not done quickly; say within 48 hours.

2. Meet personally with HR Head/ CEO or some other senior official and request again for immediate settlement and further state that you would be sending to the company a notice to this effect. You may show the draft of the letter under 1.above to them.

3. If you do not from the company within a week from 2. above your dues or reasonable explanation for the company not paying your dues, you should send the letter under 1. above by Registered Post marking it to personal attention of your reporting manager, HR Head and CEO of the company.

4. If you still do do not get your dues say within a week after 3.above, then you may approach a reputed lawyer for issuance of legal notice.

Am reasonably sure your problem would bet solved in the course of the above, without needing further action like filing a recovery suit against the company.

Best Regards.  

Indian Law

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Rajeev Dewal

Expertise

Indian Law relating to Banking and Financial Transactions. Kindly read instructions on "Ask the Question" page before asking a question. Kindly note that the replies here are by way of general information and not to be taken as legal advice nor the same form any client attorney relationship.

Experience

Over 20 years as In-House Counsel and banker with International, Private and Public Sector banks in India.

Organizations
Currently, Head- Legal, RBL Bank Limited, India (see web: http://www.rblbank.com/).

Education/Credentials
BSc, LLB, CAIIB.

Awards and Honors
University Prize- LLB Examination, Distinction- CAIIB.

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