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PIYUSH GAUR (Assistaint)     14 November 2013

Legal action against franchisee/firm

Dear Sir/ Madam,

I have joined a franchisee firm in retail jewellery segment. Due to some unofficial things i want leave that firm after some information firm has not agreed my condition then I have decided and leave that firm. That time franchisee has commit to me we will release your full and final settlement as well as intensive very soon. Then i have joined a new company and move to other location. I Have lots of follow up with franchisee on mail and telephonic conversion, But he is not giving me positively response always false promises. It has been already delay one year.

Kindly suggest me can i legal action against franchisee/Firm


 



Learning

 2 Replies

BAALASUBRAMANNYAMM (Advocate)     14 November 2013

Send a legal notice to franchisee demanding for your due payments.

Kumar Doab (FIN)     14 November 2013

 

The employer should  provide the appointment letter, acceptance of resignation, service certificate, relieving letter, service certificate, correct FNF statement, payment of FNF dues, form16 as per correct FNF statement, PF number, PF a/c slips for entire tenure of service, ESIC card , salary slip of all months of employment…………………

 If the employer has not issued any appointment letter then you may also claim that no notice period was applicable and you has resigned  by informing office.

The employee should also submit resignation in writing under acknowledgment.

The employee should always transact in writing under proper acknowledgment.

 

The employee(s) can approach as per their coverage by enactments:

 

>> Lawyer/Law firm: The legal notice can help to drill sense into the heads.

 

>>Trade Unions: The Leaders know the precise ways to handle such matters.

 

>> O/o Labor Commissioner

 

>> Inspector under Shops and Commercial Establishments Act of the State…………One of the duties of the Inspector is to ensure that the dues of the separated employee are paid.

 

 

>> 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)

 

>> RPFC in o/o PF Commissioner (Nearest office has to help even if the PF a/c is ion some other office)

>> Inspector in Local/jurisdictional ESIC office………….( Wage ceiling for ESIC was Rs.15000/pm as per def. of wages in the Act and it is learnt that it was enhanced to Rs.25000/pm)

 

>> For Form 16: The ITO-TDS where employee files his ITR and CIT-TDS where employer files ITR.

 

>> Civil court

 

There are threads to suggest that employees have been contemplating to approach police u/s 406, 420 and employer as creditors treating unpaid wages as debt on employer e.g;

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

 

 

 


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