Sandeep 11 January 2018

Where a private company employee file a complant on employer

Hello sir,

I was working for a Private Company and when I left the company my Employer has hold my salary without any reason.

I filed a police complaint but they refuse to help by saying it is a matter of labour court. I visit to labour court they also refuse by saying you are workign under a Private Company and we cann't help you in this.

Now what should i do in that case.

Thanks

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2 Replies

Kumar Doab (FIN) 11 January 2018

Hope you shall take it positively.

IT seems to be another employee that does not know what the matter at his hands is, and which forum to approach!

It is strange to note that ‘Labor Court’ has informed that employees to private establishments cannot approach Labor Court.

Who has made such declaration say; Presiding Officer/Judge, or court staff……

Or DLC, ALC, Labor Inspector, or some office staff in O/o Labor Commissioner?

Is it verbal or in writing?

Kumar Doab (FIN) 11 January 2018

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

What are said dues; salary of last month/notice period?

What is the pay day in establishment?

Has this pay day passed?

Has employer stopped payment of salary by written order? What is the reason?

How much is monthly salary?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?