My fnf was kept on hold by my previous employer due to non compliance of customer. Kindly advice.
From India, Pune
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From India, Pune
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He cannot. Under Shops and Establishment Act and Payment of Wages Act, employer has to make payment before 2nd day of Termination. Contact your area labour Inspector and lodge a complaint.
From India, Kolkata
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186From India, Kolkata
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Agreed!! if someone will do with me i can break office completely for that kind of behavior , go and take help from nearest police station regarding behavior and launch HR complaint
From India, Mumbai
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From India, Mumbai
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Dear Sir,
We usually find almost every day similar posts that on the last working day, settlement of dues is not made; legal dues denied, or outstanding dues are not paid even though employees have served until the last minute. People complain that HR is not responding or HR prefers the aggrieved person waiting for long hours unattended by anyone.
Employees in management cadre are not entitled to claim their unpaid wages under Labour Laws and/or any machinery under it. They should initiate their case before the Civil Court through a competent Lawyer for money, interest, damages, etc., in the proper jurisdiction of the Civil Court. The jurisdiction of the court, as a special aspect in nature, is already specified as a general practice in almost all appointment letters. Not filing a case in court as mentioned in the Appointment Letter will be rejected for lack of the right jurisdiction.
The other category is of workmen, whose services are maintainable under Labour Laws and various provisions therein. The definition of a Workman under the ID Act is very broad and covers almost persons performing manual, skilled, clerical activities, and includes Contract labor as well. One must be clear whether they are management staff or a workman before deciding where their claims are maintainable. Many times, after battling for years, aggrieved persons (often with their kith and kin) are running from pillar to post and back for want of the proper place; they are not clear about where the justice of the right legal authority lies.
In matters pertaining to employment, termination and discharge, payment/non-payment/short payments of dues, and non-fulfillment of any legal conditions, etc., are handled through Labour Enforcement Officers (LEOs). Many times, we read remarks by young members on this site suggesting that employees go to the police. This advice is legally incorrect and not sufficient for providing any sort of relief. The police have no role in this unless there is a law and order problem. Therefore, for this kind of problem, the aggrieved person must write a complaint first to the HR of the company, stating everything and making a polite submission that a sum of Rs...... as dues is still unpaid even though relieved on (DATE) which should have been paid.
If you do not receive any response, the next step is to approach the Labour Enforcement Officer of that area, with a copy of your complaint attached to the letter sent to HR, and ensure that either he writes a letter to the company and provides you with a copy or accompanies you to the HR of the company to enforce the settlement.
He will address the matter as the non-payment is his subject matter.
Regards,
RDS Yadav
Labour Law Adviser
NAVTARANGHRS@GMAIL.COM
From India, Delhi
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We usually find almost every day similar posts that on the last working day, settlement of dues is not made; legal dues denied, or outstanding dues are not paid even though employees have served until the last minute. People complain that HR is not responding or HR prefers the aggrieved person waiting for long hours unattended by anyone.
Employees in management cadre are not entitled to claim their unpaid wages under Labour Laws and/or any machinery under it. They should initiate their case before the Civil Court through a competent Lawyer for money, interest, damages, etc., in the proper jurisdiction of the Civil Court. The jurisdiction of the court, as a special aspect in nature, is already specified as a general practice in almost all appointment letters. Not filing a case in court as mentioned in the Appointment Letter will be rejected for lack of the right jurisdiction.
The other category is of workmen, whose services are maintainable under Labour Laws and various provisions therein. The definition of a Workman under the ID Act is very broad and covers almost persons performing manual, skilled, clerical activities, and includes Contract labor as well. One must be clear whether they are management staff or a workman before deciding where their claims are maintainable. Many times, after battling for years, aggrieved persons (often with their kith and kin) are running from pillar to post and back for want of the proper place; they are not clear about where the justice of the right legal authority lies.
In matters pertaining to employment, termination and discharge, payment/non-payment/short payments of dues, and non-fulfillment of any legal conditions, etc., are handled through Labour Enforcement Officers (LEOs). Many times, we read remarks by young members on this site suggesting that employees go to the police. This advice is legally incorrect and not sufficient for providing any sort of relief. The police have no role in this unless there is a law and order problem. Therefore, for this kind of problem, the aggrieved person must write a complaint first to the HR of the company, stating everything and making a polite submission that a sum of Rs...... as dues is still unpaid even though relieved on (DATE) which should have been paid.
If you do not receive any response, the next step is to approach the Labour Enforcement Officer of that area, with a copy of your complaint attached to the letter sent to HR, and ensure that either he writes a letter to the company and provides you with a copy or accompanies you to the HR of the company to enforce the settlement.
He will address the matter as the non-payment is his subject matter.
Regards,
RDS Yadav
Labour Law Adviser
NAVTARANGHRS@GMAIL.COM
From India, Delhi
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