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Shruti (BDM)     14 October 2014

Employer didnt give me the pending amount

Dear Sir, I was working with the company name Global IT Networks in Pune. Due to some reasons the GM of the company started harrasing me & this is the reason I have resigned immediately & asked me to release with immediate effect.

They have confirmed me that they have accepted my resignation & I can submit all the company's belongings & can collect the experience & reliving letter which I have got it. but they didn't give me the pending amount with them i.e commisions, phone bil, bonus etc. I had asked them but they denied.

Could you please help me what actions I can take to claim for the amount I suppose to get.

Looking forward to hear from you soon.


Regards

Shruti



Learning

 5 Replies

Anish Thakur 7018812737 (advocate)     14 October 2014

Dear Querist,

Serve the company a legal notice regarding recovery of your pendig payment, if they dont release payment then you can file suit for recovery for your pending bills in civil suit.Feel free to call or send msil if you have left any query in your mind and dnt foreget to click/deliver thanks button if you for valuable free advise if you are satisfied.

Kumar Doab (FIN)     14 October 2014

Did you ever submit harassment complaint in writing?

Did you submit notice of resignation or resignation with immediate effect?

Do you have copy of appointment letter, HR policy/service rules and regulations stated in appointment letter?

 

Did you mention reason of resignation?

For how many months you have worked with the company?

Was your service confirmed in writing?

Did the company issue acceptance of resignation, and provide FnF statement?

Did you get itemized acknowledgment of items submitted by you, NOC/NDC, salary slips of all months of employment, FnF statement, Form16, PF number/account slips if PF was deducted, ESIC card,  ?

 It is god that you have secured experience letter, relieving letter.

Relieving letter signifies that nothing is pending at the end of employee.

There are many threads that you may find relevant………you may go thru these…………….other threads mentioned in these………………..attachments…………………and pick up relevant points.

 

https://www.lawyersclubindia.com/forum/It-professional-grievances-110450.asp#.VD02F2eSwb8

https://www.lawyersclubindia.com/experts/Employeer-harasment-not-releiving--500951.asp#.VD0VE2eSwb8

 

 

https://www.lawyersclubindia.com/experts/Bonus-on-pro-rata-501946.asp#.VD03xGeSwb8

 

https://www.lawyersclubindia.com/forum/Statutory-bonus-fraud-110746.asp#.VD04E2eSwb8

 

 

 

It shall be better to consult able Labor Law Consultant/Service matters lawyer.

 

 

Your lawyer may opine that you may submit a gentle representation narrating all representations made so far, addressed to good offices of appointing authority/MD in writing under proper acknowledgment and if good offices don’t provide any relief then you can approach;

 

Inspector Under Payment of Wages Act: if your wages were upto Rs.18000/pm as per def. of wages in the Act, within 1year……………….

 

Inspector Under Bombay Shops and Commercial Establishments Act

 

O/o Labor Commissioner

 

Civil Courts

 

File for: Complaint u/s406,420……………………..winding up petition…………….

 

 

 

 For an employee to be eligible for Bonus in an accounting year he/she should have worked in the establishment in that year for at least 30 days. If salary is upto Rs.10000/pm employee is eligible.

Payment of Bonus Act;Sec2(13),8

 

If you are eligible demand the payment in writing from appointing authority, MD and if no relief is provided approach o/o Labor Commissioner.

 

 

 

 

There are female IT/ITeS employee’s unions, IT/ITeS employee’s unions, trade Unions, and they are willing to help all employees……………………and employees should be member of such unions……………………and retain access to an able labor Law Consultant/Service Lawyer.

 

 

Shruti (BDM)     15 October 2014

Dear Mr. Anish,


Thanks for your prompt reply. I was thinking to send the legal notice to the company but Lawyer are asking for 4,000/- for sending a legal notice which is not affordable for me.

Could you please suggest me any alternate option or any lawyer who charge less amount?

Regards

Shruti

Shruti (BDM)     15 October 2014

Dear Mr. Doab,

I have submitted all the above mentioned documents except a harassment letter.


I have worked with Global IT Networks for 28 months.

Could you advise me any IT/ITeS employee’s unions, IT/ITeS employee’s unions, trade Unions, with whom I can contact?


Regards

Shruti

Kumar Doab (FIN)     17 October 2014

You may go thru the threads suggested in previous post and you will get names and links.


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