West Bengal S&E Act, 1963Payment of Wages Act, 1936Updated June 2026

FnF Demand Letter West Bengal —Unpaid Salary & Gratuity Recovery Guide 2026

Employer not released your FnF in West Bengal? You are legally entitled to pending salary, gratuity, leave encashment, and other dues under the West Bengal Shops & Establishments Act, 1963 and the Payment of Wages Act, 1936. Generate your demand letter using the tool below, then follow this step-by-step guide to file a Labour Commissioner complaint in Kolkata or your district — completely free.

✓ WB S&E Act auto-cited✓ Kolkata & all 23 districts✓ Real section numbers cited✓ Labour Commissioner steps included✓ 15-day deadline built in
Last updated: June 2026Reviewed by: OfficeDraft Legal TeamLegislation: WB S&E Act, 1963 · Payment of Wages Act, 1936 · Payment of Gratuity Act, 1972

West Bengal key numbers

Governing ActWB S&E Act, 1963
Legal payment deadline7–10 days
Industry standard30–45 days
Max employer penalty10× dues
Labour complaint cost₹0 (free)
Kolkata LC office12, Strand Rd
Generator price₹49 only
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FnF unpaid for more than 45 days in West Bengal? That is actionable under Section 5 of the Payment of Wages Act and the West Bengal S&E Act. You can recover dues plus up to 10× compensation free of cost at wblabour.gov.in or at the Kolkata Labour Commissioner office. Generate your demand letter now ↓

West Bengal · WB S&E Act, 1963 · Payment of Wages Act, 1936

Generate Your FnF Demand Letter — West Bengal

Takes 3 minutes · WB law auto-cited · Works for Kolkata & all 23 districts · ₹49 only

Valid in

All West Bengal Districts

⚖️

Is your FnF legally overdue?

Check in 10 seconds. Free, no signup required.

Your details

These appear as the sender on the demand letter.

What Is an FnF Demand Letter?

An FnF demand letter (Full & Final Settlement demand letter) is a formal written notice that an employee sends to their former employer demanding all outstanding dues after resignation. In West Bengal, it is the first — and often the most effective — legal step before escalating to the Labour Commissioner.

Unlike an informal WhatsApp message or verbal follow-up, an FnF demand letter creates a documented legal record. It specifically cites the West Bengal Shops & Establishments Act, 1963, the Payment of Wages Act, 1936, and any other applicable statute. It names every component of dues owed, sets a 15-day response deadline, and formally notifies the employer that non-payment will lead to a Labour Commissioner complaint.

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Creates legal record

The West Bengal Labour Commissioner requires evidence of a prior attempt to resolve the dispute. A sent demand letter — especially by Speed Post — is that evidence.

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Cites West Bengal law

A letter that cites the WB S&E Act, 1963 and Payment of Wages Act Section 5 carries far more weight than a generic "please pay me" email.

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Starts the 15-day clock

The deadline in the letter determines when you can escalate. If the employer misses it, your Labour Commissioner complaint is fully justified.

When Should Employees in West Bengal Send an FnF Demand Letter?

Send a formal FnF demand letter if any of the following apply to you as a West Bengal employee:

  • ✓Your last months salary has not been paid more than 10 days after your last working day.
  • ✓It has been more than 30 days since resignation and FnF has not been processed.
  • ✓HR has acknowledged your resignation but gives vague timelines for settlement.
  • ✓The employer is withholding your relieving letter or experience certificate.
  • ✓Gratuity has not been paid despite completing 5 years (or 4 years 240 days in a factory).
  • ✓Leave encashment, incentives, or expense reimbursements remain unpaid at the time of exit.
  • ✓The employer is deducting amounts not authorised under Section 7 of the Payment of Wages Act.

West Bengal context

Kolkata and West Bengal have a large workforce in IT, BPO, manufacturing, retail, jute, and logistics. In most of these sectors, FnF processing beyond 45 days is legally indefensible. Whether you work in Salt Lake Sector V, Rajarhat New Town, or industrial areas in Howrah, Durgapur, or Siliguri — the same West Bengal and central labour laws apply.

Common Reasons Employers in West Bengal Delay FnF Settlements

These are the most common excuses you will hear — and the legal reality behind each.

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Employer says: ""HR is processing it""

Legal reality: Standard processing does not exceed 30–45 days. Beyond that, this is not a valid reason.

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Employer says: ""You did not serve full notice""

Legal reality: Even if notice was partially served, dues for days actually worked cannot be withheld. Only a proportionate notice recovery deduction is permissible.

✅

Employer says: ""Clearance pending from your department""

Legal reality: Internal clearances are the employers responsibility to expedite. They cannot pass administrative delays onto you indefinitely.

⚖️

Employer says: ""Management approval is pending""

Legal reality: Indian courts have held that FnF is wages, not a discretionary payment. Management approval is an internal process that does not override the Payment of Wages Act timeline.

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Employer says: ""You have a dues recovery against you""

Legal reality: Employers can make authorised deductions under Section 7 of the Payment of Wages Act only. Deductions beyond what is permitted (e.g., training bond recovery not signed) are illegal.

Documents Required Before Sending Your FnF Demand Letter

Gather these before generating and sending your demand letter. The Labour Commissioner in West Bengal will ask for most of these when you file your complaint.

DocumentPriorityWhy You Need It
Resignation email or letterEssentialConfirms your intent to resign and the date.
Resignation acceptance email from HR/ManagerEssentialConfirms your last working day — most critical document.
Last 3–6 months payslipsEssentialUsed to calculate dues: salary, gratuity, leave encashment.
Offer letter / Appointment letterEssentialShows your designation, grade, salary, and contractual benefits including gratuity eligibility.
Exit clearance acknowledgementsImportantProves you returned assets and completed handover — counters "clearance pending" excuse.
Attendance records / WFH logsImportantCritical for remote workers; proves days actually worked during notice period.
Expense claim submissions and approvalsIf applicableRequired to claim outstanding reimbursements.
Incentive / bonus statementsIf applicableRequired to claim pending variable pay.

Forward everything to personal email before your last day

Once your corporate email is disabled on your last working day, you cannot retrieve emails, payslips, or internal HR documents. Forward all relevant communications to your personal email and download payslips before your last day.

What to Include in Your West Bengal FnF Demand Letter

A complete West Bengal FnF settlement covers up to six separate components. List every one that applies to you — omitting a component from the demand letter can weaken your claim for it later.

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Last Month Salary / Pending Wages

Payment of Wages Act, 1936 — Section 5

Your salary for all days actually worked up to the last working day. This is the most straightforward and the easiest to prove from payslips. West Bengal employees are entitled to this within 7–10 days of the last wage period.

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Calculate: (Monthly gross ÷ 30) × days worked in the final month.

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Gratuity

Payment of Gratuity Act, 1972 — Section 4

Payable after 5 years of continuous service (or 4 years + 240 working days for factory workers in West Bengal). Calculated at 15 days' salary per completed year. Capped at ₹20 lakh under the current Act.

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Formula: (Last drawn basic + DA) ÷ 26 × 15 × completed years of service.

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Leave Encashment (EL / PL)

West Bengal Shops & Establishments Act, 1963

Accumulated earned or privileged leave that was not used is encashable on exit. The West Bengal S&E Act mandates leave entitlements for commercial establishment employees. Most companies allow encashment up to a defined cap.

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Formula: (Monthly basic ÷ 26) × number of unutilised earned leave days.

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Pending Incentives & Variable Pay

Payment of Wages Act, 1936 / Contract terms

Bonuses, sales incentives, quarterly payouts, or performance pay that have accrued but not been disbursed. If these are contractually defined in your offer letter (not discretionary), they are legally wages and cannot be withheld.

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Attach incentive statements, targets-achieved records, and offer letter excerpts as evidence.

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Expense Reimbursements

Contract of employment / Company policy

Approved business expenses — travel, conveyance, mobile — submitted but not reimbursed before exit. Keep original receipts and approved claim forms or emails.

→

Attach approved expense claim emails with amount breakdowns.

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Relieving Letter & Experience Certificate

West Bengal Shops & Establishments Act, 1963

West Bengal's S&E Act requires employers to issue separation documents upon lawful resignation. Withholding a relieving letter or experience certificate is a violation reportable to the West Bengal Labour Department.

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Demand both documents explicitly and separately in your FnF demand letter.

Editable FnF Demand Letter Template — West Bengal

Use this sample format as a starting point. For a fully auto-filled, legally cited version with your actual figures and the correct West Bengal act references, use the generator tool above.

[YOUR FULL NAME][EMPLOYEE ID][YOUR DESIGNATION][EMPLOYER COMPANY NAME][LAST WORKING DAY: DD/MM/YYYY][PENDING SALARY AMOUNT: ₹__][GRATUITY AMOUNT: ₹__ (if applicable)][LEAVE ENCASHMENT DAYS: __ days = ₹__][OTHER DUES (incentives, reimbursements): ₹__]

Date: [DD/MM/YYYY]

To,
The HR Manager / Authorised Representative,
[EMPLOYER COMPANY NAME],
[COMPANY ADDRESS, DISTRICT, WEST BENGAL]

Subject: Demand for Full and Final Settlement — [YOUR FULL NAME] | Employee ID: [ID] | Last Working Day: [DATE]

Dear Sir/Madam,

I, [YOUR FULL NAME], formerly employed with your organisation as [DESIGNATION] (Employee ID: [EMPLOYEE ID]), write this formal demand letter for immediate release of my Full and Final Settlement (FnF) dues, which remain unpaid as of this date, despite my last working day being [LAST WORKING DAY].

Under Section 5 of the Payment of Wages Act, 1936, wages (including FnF dues) must be paid within 7–10 days of the last day of the wage period. Additionally, the West Bengal Shops and Establishments Act, 1963 governs the conditions of my employment and mandates the timely settlement of all dues and issuance of separation documents upon lawful resignation.

The outstanding dues payable to me are as follows:

1. Pending salary for [X days] in [MONTH]: ₹[AMOUNT]

2. Gratuity (if applicable — [X years service]): ₹[AMOUNT]

3. Leave encashment ([X days EL/PL balance): ₹[AMOUNT]

4. Pending incentives/variable pay: ₹[AMOUNT]

5. Expense reimbursements (claim ref: [REF NO]): ₹[AMOUNT]

Total Dues: ₹[TOTAL AMOUNT]

I also demand issuance of my Relieving Letter and Experience Certificate as required under the West Bengal Shops & Establishments Act, 1963.

I request you to clear the above dues and provide the aforesaid documents within 15 days of receipt of this letter. Failure to do so will leave me with no option but to file a formal complaint with the West Bengal Labour Commissioner at 12, Strand Road, Kolkata – 700 001 (or at wblabour.gov.in) under Section 15 of the Payment of Wages Act, 1936, seeking recovery of dues plus compensation up to ten times the delayed amount. I may also approach the appropriate Labour Court under Section 33C(2) of the Industrial Disputes Act, 1947.

This letter is being sent by email and Speed Post / Registered Post as a formal legal record.

Yours faithfully,
[YOUR FULL NAME]
[YOUR CONTACT NUMBER]
[YOUR EMAIL ADDRESS]
[YOUR PRESENT ADDRESS, WEST BENGAL]

Need the letter auto-filled with your details and correct WB act references?

The generator above produces a fully completed, state-specific letter with your actual salary figures, correct West Bengal statute citations, and a professional format — in under 3 minutes.

FnF Payment Timeline After Your Last Working Day in West Bengal

Know exactly where you are in this process and what your next action should be.

D0

Last Working Day

Day 0

Hand over all assets. Get written acknowledgements by email. Send your handover summary to HR and your manager.

D1

Legal Payment Deadline

Day 1–10

Under the Payment of Wages Act, wages are due within 7–10 days. Start your own tracking from this point.

D15

Send First Follow-up Email

Day 15

A polite written follow-up to HR by email. Keep tone professional. Save all replies (or silence).

D30

Send Formal Written Demand

Day 30

If still unpaid, send a formal FnF demand letter (below). Use email + Speed Post to HR and registered office.

D45+

Legal Deadline Passed

Day 45+

Beyond 45 days with no response, the employer has no legal defence. Your demand letter is already sent.

D46+

File Labour Complaint

Day 46+

File at wblabour.gov.in or visit the Labour Commissioner at 12, Strand Road, Kolkata. Free. Bring all documents.

How to File a Labour Complaint in West Bengal — Step-by-Step

If the employer ignores your FnF demand letter, the West Bengal Labour Commissioner is your most effective next step. Filing is free, and most employers settle at this stage to avoid the conciliation process. Here is the exact path.

1.

Send FnF Demand Letter (15-day deadline)

Start here

Send by email to HR + manager, and simultaneously by Speed Post / Registered Post to the employers registered office address. Keep the postal receipts. This creates your evidentiary trail.

📍 To employer directly💸 ₹0 (letter) + ~₹50 postage
2.

File Online Complaint at West Bengal Labour Portal

Free

Go to wblabour.gov.in → Online Services → Register complaint. Upload scanned copies of demand letter, payslips, offer letter, and resignation acceptance. The portal generates a complaint reference number.

📍 wblabour.gov.in💸 ₹0 (free)
3.

Visit the Labour Commissioner Office (Kolkata)

Walk-in available

For Kolkata and nearby districts: visit the Regional Labour Commissioner (Central) office at 12, Strand Road, Kolkata – 700001. Bring physical copies of all documents. The ALC (Assistant Labour Commissioner) will summon the employer for conciliation.

📍 12, Strand Road, Kolkata – 700001💸 ₹0 (free)
4.

District Labour Office (Outside Kolkata)

All 23 districts

For employees in Howrah, Durgapur, Siliguri, Asansol, or other districts: file with the Assistant Labour Commissioner at your districts Labour office. The West Bengal Labour Department has offices in all 23 districts.

📍 Your district's Labour Office💸 ₹0 (free)
5.

Payment of Wages Authority — Section 15 Application

Up to 10× recovery

Apply to the Payment of Wages Authority (usually the designated Labour Commissioner) for recovery of wages plus compensation up to 10× the delayed amount. This is separate from a general complaint and produces a monetary award.

📍 Labour Commissioner office💸 ₹0 (free)
6.

Labour Court — Section 33C(2) Application

Legal order

For complex claims (gratuity disputes, large incentive claims) or if the employer defies the Labour Commissioners direction: file an application before the West Bengal Industrial Tribunal / Labour Court. This produces a court order enforceable by law.

📍 West Bengal Industrial Tribunal, Kolkata💸 Nominal court fees

West Bengal Labour Commissioner — Kolkata & District Offices

These are the official offices you contact for wage recovery complaints, FnF disputes, and labour court applications in West Bengal.

Regional Labour Commissioner (Central), Kolkata

Address

12, Strand Road, Kolkata – 700 001

Phone

+91-33-2248-6720

Jurisdiction

Central government establishments, banks, insurance, mines, railways

West Bengal Labour Commissioner (State)

Address

Labour Commissioner Office, 12, Strand Road, Kolkata – 700 001

Phone

+91-33-2248-7600

Jurisdiction

State commercial establishments, shops, IT/BPO, retail, manufacturing

West Bengal Industrial Tribunal (Labour Court)

Address

Labour Bhavan, 4/1A, Gariahat Road (South), Kolkata – 700 068

Phone

Available at wblabour.gov.in

Jurisdiction

Industrial disputes, gratuity appeals, Section 33C(2) applications

District Labour Offices — Outside Kolkata

Employees in Howrah, Hooghly, Durgapur, Asansol, Siliguri, Kharagpur, Bardhaman, or any other district should approach the Assistant Labour Commissioner at their respective district's Labour Office. Find the nearest office at wblabour.gov.in.

Online Complaint Options for West Bengal Employees

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West Bengal Labour Department Portal

File labour complaints, track status, and access the ALC for your district — all online.

Best for: Shops, IT, BPO, retail, manufacturing

↗ https://wblabour.gov.in
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Shram Suvidha Portal (Central)

Central government's unified labour portal. Use for complaints involving central establishments, factories, or cross-state employers.

Best for: Central govt, banks, telecom, railways

↗ https://www.shramsuvidha.gov.in
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PGRS — Public Grievance Redressal System

West Bengal government's public grievance portal. Useful for escalating unresolved complaints after the Labour Commissioner.

Best for: Escalation after LC complaint

↗ https://pgrs.wbifms.gov.in
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eSHRAM — Unorganised Worker Registration

Register as an unorganised worker to access central welfare benefits. Also creates a formal record of your employment history.

Best for: Gig, casual, and informal workers

↗ https://eshram.gov.in

What Happens After Filing a Labour Complaint in West Bengal?

Once your complaint is registered at the West Bengal Labour Commissioner's office or online, here is the typical sequence:

Complaint acknowledgement

Within 2–3 days

You receive a complaint reference number. Online complaints at wblabour.gov.in are acknowledged within 2–3 working days.

Employer summons

7–15 days

The ALC (Assistant Labour Commissioner) issues a notice to your employer, summoning them for a conciliation hearing. The employer is given 15–21 days to respond.

Conciliation hearing

3–6 weeks

Both parties appear before the ALC for conciliation. In most cases (especially for straightforward salary or FnF dues), the employer agrees to pay at this stage to avoid formal proceedings. Bring all your documents: demand letter, payslips, offer letter, resignation acceptance.

Payment order (if conciliation fails)

4–8 weeks

If the employer does not settle at conciliation, the ALC can issue a formal direction to pay. Under Section 15 of the Payment of Wages Act, the authority can award unpaid wages plus compensation up to 10× the delayed amount.

Labour Court (if employer defies order)

3–6 months

If the employer defies the direction, the matter goes to the West Bengal Industrial Tribunal / Labour Court for a binding court order. At this stage, you may benefit from engaging a labour law advocate.

Most employers settle at Step 3

In West Bengal, the conciliation hearing before the ALC resolves the majority of FnF and wage disputes. Employers typically prefer to settle rather than face a formal order that becomes part of their compliance record. The demand letter you send beforehand (before the complaint) is what motivates early settlement.

West Bengal Labour Law — Key Provisions for FnF Claims

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WB S&E Act, 1963

Governs conditions of employment, separation documents, and employer obligations in WB commercial establishments

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Payment of Wages Act § 5

Wages (including FnF) must be paid within 7–10 days of the last wage period

✓

Payment of Wages Act § 15

WB Labour Authority can award unpaid wages + up to 10× compensation

✓

Payment of Gratuity Act § 7

Gratuity must be paid within 30 days; interest accrues on delayed payment

✓

Industrial Disputes Act § 33C(2)

Labour Court can compute and direct recovery of any money due from employer

✓

IPC § 406

Criminal breach of trust — applicable in extreme non-payment cases where large amounts are involved

Official government resources

↗West Bengal Labour Department↗Shram Suvidha — Central Labour Complaint Portal↗Payment of Wages Act, 1936 — IndiaCode↗Payment of Gratuity Act, 1972 — IndiaCode↗Ministry of Labour & Employment, India↗Industrial Disputes Act, 1947 — IndiaCode

About This Guide

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Updated June 2026

This page reflects Indian and West Bengal labour law as currently in force, including the WB Shops & Establishments Act, 1963, Payment of Wages Act, 1936, Payment of Gratuity Act, 1972, and Industrial Disputes Act, 1947.

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All 23 WB Districts

Covers Kolkata, Howrah, Hooghly, North 24 Parganas, South 24 Parganas, Bardhaman, Durgapur, Asansol, Siliguri, and all other districts of West Bengal.

⚖️

Educational only

This content is for information and education purposes and does not constitute legal advice. For complex disputes involving termination, counterclaims, or litigation, consult a qualified employment lawyer in West Bengal.

Frequently Asked Questions — FnF Demand Letter West Bengal

What is the West Bengal law for FnF settlement after resignation?▾
FnF settlements in West Bengal are governed by the West Bengal Shops and Establishments Act, 1963 and the Payment of Wages Act, 1936. Under Section 5 of the Payment of Wages Act, wages — which courts have consistently held includes FnF dues — must be paid within 7–10 days of the last day of the wage period. The West Bengal S&E Act additionally requires employers to issue separation documents (relieving letter, experience certificate) upon lawful resignation.
Where do I file a labour complaint for unpaid salary in West Bengal?▾
You can file online at wblabour.gov.in. For Kolkata, the office is the Regional Labour Commissioner at 12, Strand Road, Kolkata – 700 001. For other districts (Howrah, Durgapur, Siliguri, Bardhaman, etc.), approach your district's Assistant Labour Commissioner office. You can also use the central Shram Suvidha portal at shramsuvidha.gov.in. All complaints are free of charge.
How many days does an employer have to pay FnF in West Bengal?▾
Legally, wages (including FnF dues) must be paid within 7–10 days under the Payment of Wages Act. While industry practice allows 30–45 days for processing, delays beyond 45 days have no legal justification in West Bengal courts. Beyond this, you should send a formal FnF demand letter and file a complaint with the West Bengal Labour Commissioner if ignored.
Can I claim gratuity if I worked less than 5 years in a West Bengal company?▾
Under the Payment of Gratuity Act, 1972, gratuity generally requires 5 years of continuous service. For factory workers in West Bengal, courts have accepted 4 years and 240 working days as equivalent to 5 years. For non-factory establishments (IT, BPO, retail), the strict 5-year threshold usually applies unless your offer letter or HR policy states otherwise. Always check your appointment letter and company policy before making a gratuity claim.
What happens if the employer ignores my FnF demand letter in West Bengal?▾
If no response is received within 15 days: (1) File a free complaint at wblabour.gov.in or at the Labour Commissioner office at 12, Strand Road, Kolkata. The LC can summon the employer for conciliation and, if they fail to settle, direct payment plus up to 10× compensation under Section 15 of the Payment of Wages Act. (2) For gratuity disputes or larger claims, apply to the Labour Court under Section 33C(2) of the Industrial Disputes Act. Most employers settle at the Labour Commissioner's conciliation stage.

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→

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→

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→

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Legal Disclaimer

This page is provided for educational and informational purposes only and does not constitute legal advice. The content summarises labour law applicable in West Bengal as at June 2026, including the West Bengal Shops and Establishments Act, 1963, Payment of Wages Act, 1936, Payment of Gratuity Act, 1972, and Industrial Disputes Act, 1947. It may not reflect subsequent legislative or judicial changes.

Reviewed by the OfficeDraft Legal Team — last updated June 2026. OfficeDraft is not a law firm and does not provide regulated legal services. For complex disputes, consult a qualified employment lawyer or contact the West Bengal Labour Department or the Ministry of Labour & Employment, India.

West Bengal Shops & Establishments Act, 1963 · Payment of Wages Act, 1936 · All 23 Districts

Generate Your West Bengal FnF Demand Letter — ₹49

Stop chasing HR on WhatsApp. A formal FnF demand letter citing the West Bengal S&E Act and the Payment of Wages Act — with a 15-day deadline and Labour Commissioner escalation clause — is the fastest way to recover your dues. Works in Kolkata, Howrah, Durgapur, Siliguri, and every other WB district.

Generate My WB FnF Demand Letter →

Covers: Last salary · Gratuity · Leave encashment · Incentives · Reimbursements · Relieving letter