Actually My Ex-employer is not giving following things 1. last month salry 2. Form16 3. PF amount Can anyone send me the procedure to file a case in labor court Thanks, Mahesh
From India
1From India
Dear Mr. Mahesh,
If the employer has not paid your salary for more than 2 months then he is entiltled to get relief under the Payment of wages Act, 1936. You can file a claim at before the labour comissioner for non/delayed payments in all the three cases above (as specified by you). You have to claim to ensue case before the juridiction in the area where the employer locates.
From India, Visakhapatnam
If the employer has not paid your salary for more than 2 months then he is entiltled to get relief under the Payment of wages Act, 1936. You can file a claim at before the labour comissioner for non/delayed payments in all the three cases above (as specified by you). You have to claim to ensue case before the juridiction in the area where the employer locates.
From India, Visakhapatnam
Dear Mahesh,
First confirm whether you fall within the defination of "workman" as given in Industrial Disputes Act,1948.
Your querry does not specify your designation nor your salary,these two factors
count while deciding whether you are a "workman" or otherwise.
Do not approach Labour Court directly,first file a complaint in Labour office,which will help/guide you.
Best Luck.
From India, Pune
First confirm whether you fall within the defination of "workman" as given in Industrial Disputes Act,1948.
Your querry does not specify your designation nor your salary,these two factors
count while deciding whether you are a "workman" or otherwise.
Do not approach Labour Court directly,first file a complaint in Labour office,which will help/guide you.
Best Luck.
From India, Pune
I am working in private limited company last 7.8 years. But now the company has terminated to me without any notice or reason, and the company has denying to pay my gratuity/bonus/salary.
Could you please help us to what should I take the action against my employer.
Could you please help us to what should I take the action against my employer.
I am working in PVT company and it's a car showroom and I am working as relationship manager but my basic job role is to sale Maruti premium car(Maruti NEXA). My GM hold my last month salary and told me don't come office but still he is not terminated me or I am resigned. Company provide me a apple tab which still I am not submitted also. I am told my HR that he release my salary after that I am submitted my belongings. Last month I am performe also.
From India, Mumbai
From India, Mumbai
Sir, i am working in M/S Tarapore & Co., from last seven years to till present date. But i am getting the wages less than the minimum wages dicided by the govt of Jharkhand. i am working here for 10 Hrs per day and getting only Rs. 7300/month basic wages, Remember that i am working here as a computer operator inside Tata Steel (Works) under the compny M/S Tarapore & Co., inspite of many times after my request to the management but nothing will be done by the management . Please suggest or if possible please forwarded my request to Labour department in Delhi Central because all Labour dept & PF Commissioner Mr Abhishekh also our co. Tarapore is providing lot of facility to the PF dept.
Kindly do this urgently and ensure me that my service is not effected by informing to you this fact.
From India, Jamshedpur
Kindly do this urgently and ensure me that my service is not effected by informing to you this fact.
From India, Jamshedpur
From the facts stated by you, it seems you are a contractor employee (Tarapore & Co) and you are deployed at Tata Steel. If you are getting less than the prescribed rate of minimum wages applicable in your state then you have to write to your contractor including principal employer. If the wage is not increased and arrears/ dues are not paid you can lodge a complaint before the Labour Department intimating the violation of minimum wages notification (there is minimum wages inspector too).
Regarding working hours, check the shops and establishment act. In West Bengal it is maximum 48 hours in a week. You can also lodge a compliant against this. You are also entitled to overtime if you have worked for more than the prescribed hours of work.
There is no need to file any complaint at Delhi since your jurisdiction falls within the state of Jharkhand.
Check my blog at www.labourlawhub.com
From India, Kolkata
Regarding working hours, check the shops and establishment act. In West Bengal it is maximum 48 hours in a week. You can also lodge a compliant against this. You are also entitled to overtime if you have worked for more than the prescribed hours of work.
There is no need to file any complaint at Delhi since your jurisdiction falls within the state of Jharkhand.
Check my blog at www.labourlawhub.com
From India, Kolkata
Dear Sir,
I was working as a Branch Account officer in Kanpur from 27.02.2012 . In February 2016 I was resigning from my post but due to director lots of call to me and assurance to hike in salary I cancelled my resigned . But In July 1st company transferred me in Firozabad. But I told him . This is not possible to move in Firozabad . and after 15 to 20 days company send me terminate mail . What I do now . No Transfer language written in my appointment letter . and because of I did not completed 5 full years . THey deny for and gratuity or and Salary after my working day. Now I am feeling like fool. Now Sir tell me what I will do against my company.
Thanks & Regards
Sudip Nigam
Mob. 9721077755
From India, Kanpur
I was working as a Branch Account officer in Kanpur from 27.02.2012 . In February 2016 I was resigning from my post but due to director lots of call to me and assurance to hike in salary I cancelled my resigned . But In July 1st company transferred me in Firozabad. But I told him . This is not possible to move in Firozabad . and after 15 to 20 days company send me terminate mail . What I do now . No Transfer language written in my appointment letter . and because of I did not completed 5 full years . THey deny for and gratuity or and Salary after my working day. Now I am feeling like fool. Now Sir tell me what I will do against my company.
Thanks & Regards
Sudip Nigam
Mob. 9721077755
From India, Kanpur
Transfer is a condition of service and you cannot deny it as long as such clause is mentioned in your letter of appointment. In your case it is not and as such transfer shall be deemed to have been a bad transfer.
Please demand in writing before your company for reinstatement. If they deny, you have to raise the dispute before the Labour Commissioner and thereafter you can file a case before the Labour Court.
From India, Kolkata
Please demand in writing before your company for reinstatement. If they deny, you have to raise the dispute before the Labour Commissioner and thereafter you can file a case before the Labour Court.
From India, Kolkata
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