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Holding Of Full And Final Settlement - CiteHR

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srinaga1975
Dear seniors,
My friend worked in a manufacturing concern and he has not received his settlement after his resignation.He served for 8 years.while joining no conditions were made and after 5 years they issued an order that not to work in the same field of company after resigning.
Now he is working in a similar industry.
My question is because of this reason whether they can hold his settlement? How to proceed further?

From India, Pondicherry
sam_hr38
1

If he has signed any contract or affidavit or undertaking that he will not do job in similar company resigning from this industry............. Then has done wrong to do job in similar company........ But still the company has no rights to hold his last settlement dues......Only in that case company can hold his final settlement if they added the clause of holding final dues in case if he does job in the similar company after resign.
Still if there is no agreement / undertaking signed by the employee......Office Order i think have no legal identity to use it against the employee..The company must return his final dues back to him.and he should claim.....

From Pakistan, Lahore
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