Full and final settlement getting delayed
rock cristian
(Querist) 14 January 2014
This query is : Resolved
Hi,
I left a organization before 4 months.
Still my full and final settlement which includes (salary of 2 months of notice period) is not been given.
Can anyone help me with that?
Thanks.
R.K Nanda
(Expert) 14 January 2014
SEND LEGAL NOTICE TO ORG.AND DEMAND UR 2 MONTHS SALARY.
rock cristian
(Querist) 14 January 2014
Can Labour officer help in that?
Thanks
Rajendra K Goyal
(Expert) 14 January 2014
First you have to lodge your demand in writing through notice only then you should proceed.
Devajyoti Barman
(Expert) 14 January 2014
If you did not work in managerial position then lodge complaint with the Labour Commissioner.
Kumar Doab
(Expert) 14 January 2014
Submit a representation addressed to good offices of Appointing authority, MD preferably by redg. post narrating all previous representation mentioning dates, names etc.............
The employee can lodge a complaint the minute payment of his wages are delayed even by a day.
The penalty might be Rs.7500/instance..................
Does the company issues pay/wage slip every month, and provide for PF, ESIC, Group Insurance, Gratuity, Bonus etc...........................
If establishment has defaulted on payment of wages then it must have defaulted on PF, ESIC, Group Insurance, Gratuity, TDS etc.................... .
- Inspector under Payment of Wages Act ( applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm )
-Inspector under ( Name of your state) Shops and Commercial Establishments Act: if it is a commercial establishment.
-o/o Labor commissioner
- RPFC for PF
-ITO-TDS where employee files ITR and jurisdictional CIT-TDS where employer files ITR.
-ESIC Inspector
-Civil Court.
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , CEO, Chairman, MD in list of noticees............
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Your lawyer may ask you a set of structured questions and may opine that you are covered.
-Trade Unions/ Employees Unions: They know precise ways to handle such issues
>> There are threads to indicate that employees contemplate to file criminal complaints u/s 406,420.............................and approach employers as creditors treating unpaid wages as debt on employer..................
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
