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SS (VP)     15 January 2013

Executive employment

Hi,

I had taken an executive employment agreement with a basic salary of Rs. 40,000/- pm.The agreement period was 3 years but can be terminated by either party by giving 60 days notice.  This is a Pvt Ltd company with 10 partners but one MD is the only active parrtner.

Of the other components of the salary about 27% was to be taken as reinvestment and shares to be issued at the end of every financialy year after due deligence to determine the value of the shares and about 19% would be paid as year end reimbursements. This is attached as an annexure to the agreement and the reimbursables are mentioned in tis annexure to add upto my CTC.  while getting relieved, i asked the MD about my settlement and he said he intended to pay the reinvestment amount and it was also agreeeable to me. But this discussion was only verbal. 

A part of hte year end reimbursement was paid when I was in employment. The company was financially struggling and not in good health so I resigned after one year and after serving 60 day notice period was relieved.  But he company management is not responding purely it seems because of the poor financial health.  Even after 3 months of relieving there is no response and the MD (signatory to my agreement) hardly reply to any of my mails in this regard. I have sent atleast 10 mails attaching the claims  statement. But only twice I received the reply saying the financial position is not good etc.

There is not commited date given for issue of shares OR settlement in cash and also settling my year end payouts.

I just wanted to know how to move forward in this regard and what are the options available to me. Can this be considered as criminal breach of trust?  

I request the learned legal experts to guide me.

Thanks

SS



Learning

 11 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     15 January 2013

Filed a written complaint in Hon'ble Labour Court of your concern area.

SS (VP)     16 January 2013

Thanks a lot Mr. Joshi. I just overlooked mentioning this appointment is for an executive position as General Manager. I was of the impression that this agreement do not come under labour court jurisdiction . Your reply is very encouraging for me.  I seek your reconfirmation.

Thanks again

SS

SS (VP)     17 January 2013

 

Thanks a lot Mr. Joshi. I just overlooked mentioning this appointment is for an executive position as General Manager. I was of the impression that this agreement do not come under labour court jurisdiction . Your reply is very encouraging for me.  I seek your reconfirmation.

Thanks again

Kumar sanja (employee)     21 January 2013

Dear SS VP,

 

Mr . Advocate is correct, you must approach the labour auth. under respective state shops and estableshment act as you come under the definition of "Employee"

 

REgards,

Ravi

8978155959

Party in Person

SS (VP)     21 January 2013

Thanks sir for the information.

SS (VP)     26 January 2013

Sirs,

I have located the labour office and have to visit. I just wanted a clarification. Should I approach the labour court OR is it the labour commissioner/ officer? What ould be the procedure? Please help with this information.

 

Thanks

SS

Kumar Doab (FIN)     29 January 2013

Learned experts/members have given valuable advice. Kindly follow it.

You may go thru the SE Act applicable to your state which may be available at the Dept. of Labor website of your state or you may buy the latest version from market.

The address of the Inspector/Chief Inspector under the Act may be available at the page of SE Inspectorate, and address of Officials of O/o Labor commissioner may also be available at web page for O/o Labor commissioner.

E.g.

The Delhi Shops and Establishments Act, 1954;

2. Definitions.—

(7)  “employee” means a person wholly or principally employed, whether directly or

otherwise, and whether for wages (payable on permanent, periodical, contract, piece-rate or commission basis) or other consideration, about the business of an

establishment and includes an apprentice and any person employed in a factory but

not governed by the Factories Act, 1948 (43 of 1948), and for the purpose of any

matter regulated by this Act, also includes a person discharged or dismissed whose

claims have not been settled in accordance with this Act;

 

 

 

19.  TIME AND CONDITIONS OF PAYMENT OF WAGES.

20.  DEDUCTIONS WHICH MAY BE MADE FROM WAGES.

21.  CLAIMS RELATING TO WAGES.

30.  NOTICE OF DISMISSAL.

33.  RECORDS

35.  INSPECTION OF REGISTERS AND CALLING FOR INFORMATION.

40.  PENALTIES

41.  WILFULLY MAKING FALSE ENTRIES

43.  DETERMINATION OF EMPLOYER FOR THE PURPOSE OF THIS ACT

 

You have posted that:

-- “But only twice I received the reply saying the financial position is not good etc.”

This statement from official email id of the MD of the company may help you.

--“ Of the other components of the salary about 27% was to be taken as reinvestment and shares to be issued at the end of every financialy year after due deligence to determine the value of the shares and about 19% would be paid as year end reimbursements.”

The CS/CA must have prepared and filed due diligence report determining the value of shares and thus you can calculate the reinvestment amount as assured by MD.

“But this discussion was only verbal.”

You could submit minutes of discussion and place it on record.

“A part of hte year end reimbursement was paid when I was in employment.”

For the remaining part you may lodge your claim with the good o/o MD.

 

You may approach a competent and experienced service lawyer with copies of all docs and give inputs in person and proceed under expert advice of your lawyer.

You can meet Inspector/Chief Inspector under the Act and proceed as deemed fit at your end.


Attached File : 1044448710 delhi shops & establishments act, 1954.pdf downloaded: 172 times

SS (VP)     03 February 2013

Dear Mr. Joshi/ Mr. Ravi/ Mr. Kumar

 

Thanks for the valuable advise. Will follow it.

SS

SS (VP)     26 March 2013

I approached the labour officer in Bangalore. He turned down accepting my compliant stating that the Labour department in the state resolve complaints only of people who fall with in the minimum wages as per the law.

He said I may have to approach a civil court.

Please advice.

Thanks

SS (VP)     26 March 2013

 

 

I approached the labour officer in Bangalore. He turned down accepting my compliant stating that the Labour department in the state resolve complaints only of people who fall with in the minimum wages as per the law.

He said I may have to approach a civil court.

Please advice.

Thanks

Kumar Doab (FIN)     26 March 2013

--Commissioner of Labor might be Chief Inspector under SE Act of Karnataka.

You may log on to the website and obtain contact details.

 

https://labour.kar.nic.in/

 

https://labour.kar.nic.in/labour/default.asp

>> Officers / Inspectors in Bangalore

 

--It shall be appropriate to show all docs, discuss the matter in person with a lawyer specializing in labor/service law and proceed under expert advice.

 

 

If you wish to avail the services of LCI lawyer you can conduct search at:

If you wish to avail the services of LCI lawyer:

Related Lawyers list is given below on this web page…..

Related 'Business Law' Lawyers

 

You can also conduct lawyer search at:

https://www.lawyersclubindia.com/lawyers_search/#.UUv2qEpFZ_4

 

Your near and dear ones can also guide you to a competent and experienced labor consultant/service lawyer. In each city there are few lawyers who practice in labor /service law only and specialize in it and they are well known. Some lawyers may prefer to take up employers and some may prefer to take up employees cases.


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