Hi, I was working in a firm and had to resign because the company had closed the position I was working on and was going through a financial crisis. Along with several other employees, I did not receive my salary for two months. During the second month, I was asked to resign by the company as they were closing the position with my previous one month and current month salary unpaid. They told me they would settle the amount in 45 days, and now it has been more than three months, and they are just postponing it after many calls and exchanges of emails. What can I do in this situation?
From India, Bengaluru
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From India, Bengaluru
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If you were a workman, make a complaint to the local Labor Officer. In case your monthly salary did not exceed Rs. 24,000, file a claim before the Deputy Labor Commissioner for the area within which your establishment lies. Alternatively, you may file a claim under section 33C(1) of the ID Act.
Otherwise, you may have to institute a Civil Suit for recovery and damages for the breach of the contract of employment.
From India, Salem
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6108Otherwise, you may have to institute a Civil Suit for recovery and damages for the breach of the contract of employment.
From India, Salem
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I was not a workman i was working as a video editor my salary was 28k/month. Who do i get in touch with?
From India, Bengaluru
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From India, Bengaluru
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It is a universally accepted fact that it is neither the designation nor the salary which determines the status of one's employment as that of a workman or otherwise. While critically analyzing the definition of the term "workman" u/s 2(s) of the Industrial Disputes Act, 1947, if it is clear in the first instance that the nature of the work performed is of manual, unskilled, skilled, technical, operational, or clerical, the individual becomes a workman. To my understanding, a video editor just edits the videos taken by the videographers, and as such, it is purely a technical work. Therefore, no predominant supervisory activity is attached to this post irrespective of the amount of salary paid.
Hence, I would suggest that the poster can seek his remedy under the ID Act, 1947, as stated earlier by me.
From India, Salem
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Hence, I would suggest that the poster can seek his remedy under the ID Act, 1947, as stated earlier by me.
From India, Salem
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Employment and Salary Trends in the Gulf 2012.pdf