Recovery of dues from employer.
Querist :
Anonymous
(Querist) 28 April 2018
This query is : Resolved
I joined a Noida based Pvt. limited LED Lighting company and now after leaving they are refusing to pay my last working month salary and other dues and giving excuses for past many months. I am based in Maharashtra and one of my other ex- colleague in gujarat we both are facing the same problem along with some more employees who have left the job in last one year. please advise what action should we take for the fastest recovery of our dues. Also whom should we report so that they do not victimise other employees in future. we are a Mid / senior level ex employees cannot approach labour court.
Siddharth Jain
(Expert) 28 April 2018
Firstly, you'll have to serve a legal notice to your employer for recovery of your salary and other dues, if they fail to adhere or repay within 15 days from the date of receipt of legal notice, you can approach civil court for recovery of money or can also file a complaint in labour court or labour Commissioner of Noida. You don't need to personally appear on court dates and your counsel can handle the same.
For any other queries feel free to contact me at isidjain1@gmail.com
rajeev sharma
(Expert) 28 April 2018
what was your terms of employment ? Weather it requires one month prior notice ?
Ms.Usha Kapoor
(Expert) 28 April 2018
You first issue a legal notice to your employer to pay your salary and other dues within 15 days. If they don't respond within notice period file a suit in civil court Or Labour commissioner for recovery of your dues from your employer through your Advocate.on the grounds of your employer being arbitrary, unreasonable, highhanded, unconstitutional,biased and guilty of victimization for non payment of your dues. etc.
Kumar Doab
(Expert) 28 April 2018
If as posted by you in your very 1st post; belong to Mid/senior level executives and have already approached a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record ….. and worth his/her salt …and your own counsel after due examination of nature of duties and all factors on record has duly and rightly opined that you are not covered by the def. of 'Workman' as in ID Ac then you may not waste you time in Labor Court/CGIT...
Has your counsel already examined and already opined?
Kumar Doab
(Expert) 28 April 2018
While posting such queries employee should post basic information!
What is this establishment; GOvt, private, 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?
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?
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……………?
You may revert to relevant points.
Name of company etc is not required so don’t post names etc .
Dr J C Vashista
(Expert) 29 April 2018
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No reply for an anonymous author.
