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Rodger Williams (Manager)     17 May 2010

Over due payment from employer

I am currently employed by an India PVT company. I live and work in South Africa. My employment contract dictates law of India. Recently I have tendered my resignation (which is due end of May 2010). My employer owes me outstanding payment of company related out-of-pocket expenses and I fear that they will also not pay my May salary, compensation for un-taken leave and other factors which is in my employment contract.

Please can you advise how I should proceed if they should not pay me ? Also, as I am a South African and not familiar with India Labour Law, can you please provide me with procedures and contact details. 



Learning

 3 Replies

mahendrakumar (marketing)     21 May 2010

it all depends upon your terms of employment noted in your appointment letter.

if there is any violations to the same,you could approach a court of law after sending a legal notice.

radha (freelancer)     22 May 2010

You must be submitting expense statement with all the rlevant bills as enclosures for claiming out of pocket expenses related to your job as per your entitlement.

The notice of resignation clause/notice pay and your leave entitlement must be written in your appointment letter.

Everything shall be as per your appointment contract/letter.

You may submit all of your claims including out of pocket expenses, may offer to submit the company property, and them to prepare your accounts.

After acceptance of your resignation your company , receipt of company property, your compnay shall have to issue you the No Dues certificate, F&F account statement that should include leave encashment, work experience certificate, relieving certificate,work experience certificate, from 16etc.

If the company does not settle you can take the help from service lawyer/law firm and issue legal notice

Rodger Williams (Manager)     25 May 2010

Thank you for your input. As the deadline of due payment is almost here and considering that my employer is ignoring me (not answering the phone and not replying to letters and email) I would have to serve a legal notice in the next week or so.

 

Please can I ask you to supply me with contact details of a lawyer in Kolkata that can aid me with this ?


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