Termination & dues

Model Standing Orders;13, 16, 17

(Name of the state) Shops and Commercial Establishments Act

Payment of Wages Act

ID Act

In case of dispute employee can approach:

-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, this Head, appointing authority, 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.

If you are not covered then your lawyer may like to examine job advertisement, appointment letter, service codes and regulation applicable in the establishment. Employer may scream for Specific Relief Act.

Courts do not restrict themselves to appointment letter alone.

-Trade Unions/ Employees Unions: They know precise ways to handle such issues

-Inspector under Shops and Commercial Establishments Act; 

-o/o Labor commissioner

-Civil Court.

Dear Sir,

I was working for a PVT. Firm  since last 02 years . I  left the company in the month of FEB 2013, i have given proper 01 month notice as per company policy.

I have received by salary dues in time, but my bonus for the year 2012-2013 is not been given yet. I had approach the Director of the company for the same, but he say that the company was running in losses & we have close down the company in FEB month. But the company had paid bonus to other employees of the company.

I would request you to kindly guide me whether i am eligible for the bonus or not, if yes than how will i be able to received the same.

Appreciate your soonest feedback.

Rgds

Hussain

(Mumbai)

===========================

You have posted that:

"But the company had paid bonus to other employees of the company.'

Raise the demand of payment of Bonus in writing citing payment of bonus to other employees and meeting in person with director.

The statutory bonus has to be paid before 30th Nov or establishment ca be penalized.

In case the company does not provide relief approach Inspector appointed under Payment of Bonus Act (which might e Labor Inspector) and o/o Labor Commissioner at once.

Company may yield to legal notice by you or legal notice by your lawyer or demand notice thru union too................................You can take a chance with this.

Dear Sir,

Thanks for your advise, I have already meet the Director in person & requested him regarding the bonus, but he deny saying that the company was running in losses & we have already close down the company in FEB 2013, so now your now eligible for the same.

I also ask him that how come you have paid to other employees, he says that it has been paid from other subsidies(sister) companies account. Further i also ask him to pay me from that company, but he deny saying it is my wish.

I request you to kindly guide me how to recovery my due & where to approach, if possible kindly provide the contact details.

Would appreciate your soonest reply.

Rgds

Hussain

(Mumbai)

If any bonus is due to an employee under a settlement, award or agreement, he can make an application for its recovery to the Government and the Government may issue a certificate to the Collector to recover the same as an arrear of land revenue. Such application should be made within one year from the date on which bonus became due to the employee from the employer. {Section 21}

A dispute about bonus payable under the Act will have to be raised by the employees concerned in accordance with the provisions of the Industrial Disputes Act, 1947, or any corresponding State law, as is applicable to them, as such a dispute is deemed to be an industrial dispute within the meaning of such laws. {Subsection 22 & 39}

You may also go thru: Section 9,26, 28,