Dear All,
Myself Vinay Kumar Khatloiya, i had been associated with ABC Ltd since May'2008 as Assistant Admin, and were promoted to Jr. Officer - HR & Admin. I left the organisation on 12th Nov'2010. I had not been confirmed in written till the leaving service. The company is not preparing Full & Final Settlement.
I would request to advise me that "May i go through Labour Court or Consumer Forum."
Please advise me ASAP.
Regards,
Vinay Khatloiya
From India, Mumbai
1Myself Vinay Kumar Khatloiya, i had been associated with ABC Ltd since May'2008 as Assistant Admin, and were promoted to Jr. Officer - HR & Admin. I left the organisation on 12th Nov'2010. I had not been confirmed in written till the leaving service. The company is not preparing Full & Final Settlement.
I would request to advise me that "May i go through Labour Court or Consumer Forum."
Please advise me ASAP.
Regards,
Vinay Khatloiya
From India, Mumbai
Hi
kindly provide the following:
1. Did your attendance was ever marked ?
2. Did you get any PF, Salary Slips/Cheque/Bank Transfer of your Salary?
3. Did you get Offer / Appointment Letter at the time of joining?
4. Any Letter/Document showing you as an employee of that organisation?
5. Is your organisation to whom your were associated is registered as required by Law?
Hence, kindly provide all this information, before we give you any opinion on this matter.
Thanks.
From India, Delhi
kindly provide the following:
1. Did your attendance was ever marked ?
2. Did you get any PF, Salary Slips/Cheque/Bank Transfer of your Salary?
3. Did you get Offer / Appointment Letter at the time of joining?
4. Any Letter/Document showing you as an employee of that organisation?
5. Is your organisation to whom your were associated is registered as required by Law?
Hence, kindly provide all this information, before we give you any opinion on this matter.
Thanks.
From India, Delhi
Thanks for your kind reply
The info desired by yourself is as under: -
1. Yes, i marked my attendance on attendance register daily (from joining to last working day)
2. Yes, i got Salary slips (My Salary Account statement may be collected online which describe the salary credit date for each month)
3. Yes, i got Appointment Letter after 05 months of DOJ. (The DOJ in Appointment Letter is actual).
4. Yes, Appointment Letter & Increment cum Promotion Letter.
5. Yes, it is registered with Registrar of Company at area Delhi & Haryana (Regd No. 9287 in year 1978-79).
Request your valuable guidance.
With regards,
Vinay Khatloiya
From India, Mumbai
The info desired by yourself is as under: -
1. Yes, i marked my attendance on attendance register daily (from joining to last working day)
2. Yes, i got Salary slips (My Salary Account statement may be collected online which describe the salary credit date for each month)
3. Yes, i got Appointment Letter after 05 months of DOJ. (The DOJ in Appointment Letter is actual).
4. Yes, Appointment Letter & Increment cum Promotion Letter.
5. Yes, it is registered with Registrar of Company at area Delhi & Haryana (Regd No. 9287 in year 1978-79).
Request your valuable guidance.
With regards,
Vinay Khatloiya
From India, Mumbai
Dear Before going to the Labour Court consult a local labour Lawyer and have a legal notice issued.This is the first step.After receipt of the notice they may settle it. rajanassociates
From India, Bangalore
From India, Bangalore
Mr Vinay
Yes, you may proceed.
Following are the pre-requisites:
1. First you should have proof of communicating the same to your Employer, about the subject. because this is very much necessary that you have discussed the dialogue with your employer regarding the same.
2. You may proceed to Labour Court/Labour Inspector of the concern region having jurisdiction.
3. You should have all the Proof ready(Photocopies) of the documents related(as discussed)
Thanks, looking for any other guidance, let me know.
NOTE: On the basis of the your explanation provided by you and the facts and figures as stated in the said version, we advised you accordingly. We however disclaim any responsibility on account of any implications, decisions or actions taken on the basis of some inadvertent mistake by you.
From India, Delhi
Yes, you may proceed.
Following are the pre-requisites:
1. First you should have proof of communicating the same to your Employer, about the subject. because this is very much necessary that you have discussed the dialogue with your employer regarding the same.
2. You may proceed to Labour Court/Labour Inspector of the concern region having jurisdiction.
3. You should have all the Proof ready(Photocopies) of the documents related(as discussed)
Thanks, looking for any other guidance, let me know.
NOTE: On the basis of the your explanation provided by you and the facts and figures as stated in the said version, we advised you accordingly. We however disclaim any responsibility on account of any implications, decisions or actions taken on the basis of some inadvertent mistake by you.
From India, Delhi
Hi.,,
Same case with me too, my previous company made my full and final settlement but the PF amount they have not deposited in the PF Office my total 1 yr service PF is not contributed, how to approach my company in this regards..
experts pls suggest me
Sandhya
From India, Visakhapatnam
Same case with me too, my previous company made my full and final settlement but the PF amount they have not deposited in the PF Office my total 1 yr service PF is not contributed, how to approach my company in this regards..
experts pls suggest me
Sandhya
From India, Visakhapatnam
Hi, Ms Sandhya
kindly provide the following:
1. Did your attendance was ever marked ?
2. Did you get PF amount mentioned in your Salary Slips ever?
3. Did you get Offer / Appointment Letter at the time of joining?
4. Any Letter/Document showing you as an employee of that organisation?
5. Is your organisation to whom your were associated is registered as required by Law?
6. Most important, what was the number of employees employed ? was it above 5 or 20 or more ?
7. Did you get your Reliving letter also?
8. And do you know your PF number (after knowing that you have wrote that it was not contributed, but was it mentioned in your Salary Slip???)
kindly provide all this information, before we give you any opinion on this matter.
more at https://www.citehr.com/303832-can-i-...#ixzz19NWiOHIS
From India, Delhi
kindly provide the following:
1. Did your attendance was ever marked ?
2. Did you get PF amount mentioned in your Salary Slips ever?
3. Did you get Offer / Appointment Letter at the time of joining?
4. Any Letter/Document showing you as an employee of that organisation?
5. Is your organisation to whom your were associated is registered as required by Law?
6. Most important, what was the number of employees employed ? was it above 5 or 20 or more ?
7. Did you get your Reliving letter also?
8. And do you know your PF number (after knowing that you have wrote that it was not contributed, but was it mentioned in your Salary Slip???)
kindly provide all this information, before we give you any opinion on this matter.
more at https://www.citehr.com/303832-can-i-...#ixzz19NWiOHIS
From India, Delhi
Hi Vinay,
Everything i have what you have mentioned above,
I have my attendance in the company
I have PF Number
I have PF amount ded in my pay slips
Company is registered and it is an ISO 9001-2000 company
It has 300+ employees working in that company3
I have received my annual composition from that company
I have received relieving letter from that company.
When i submitted my PF form for withdrawl they said it is not contributed in PF office it takes certain time almost by this Jan it would be 3 yrs.
So is there any process for approaching
and can u tell me what would be the approximate amt i will get from my co for 1 yr.
My deduction amt was 634+634 monthly.
Regards
Sandhya
9959022550
From India, Visakhapatnam
Everything i have what you have mentioned above,
I have my attendance in the company
I have PF Number
I have PF amount ded in my pay slips
Company is registered and it is an ISO 9001-2000 company
It has 300+ employees working in that company3
I have received my annual composition from that company
I have received relieving letter from that company.
When i submitted my PF form for withdrawl they said it is not contributed in PF office it takes certain time almost by this Jan it would be 3 yrs.
So is there any process for approaching
and can u tell me what would be the approximate amt i will get from my co for 1 yr.
My deduction amt was 634+634 monthly.
Regards
Sandhya
9959022550
From India, Visakhapatnam
Hi Vinay and Sandhya,
Good afternoon!
From preliminary reading, both of you have a case against your employers.
@ Vinay... you can definitely approach the Labour Commissioner's office for your full and final settlement. However, I would advise you to first approach the employer in person and also through registered post for final settlement. Once you have proof of positive action from your end and a total lack of response from them, you have a strong case to pursue. The advice give by SN is sound. Send them a proper notice through a good lawyer. Most probably, that should jerk them out of lethargy and get your F&F settled.
@ Sandhya - if you already have a PF number and your employer has deducted your PF but not deposited the same with the PF office, you have a both a labour and criminal case against them. I would advise you to first approach the concerned PF office for a statement of your account. If it shows no deposits, you can file a written complaint with them against your ex-employer. Make sure you attach all relevant documents including the salary slips that show the deduction and details of your employment with them.
Regards,
Gaurang
From India, Ahmadabad
Good afternoon!
From preliminary reading, both of you have a case against your employers.
@ Vinay... you can definitely approach the Labour Commissioner's office for your full and final settlement. However, I would advise you to first approach the employer in person and also through registered post for final settlement. Once you have proof of positive action from your end and a total lack of response from them, you have a strong case to pursue. The advice give by SN is sound. Send them a proper notice through a good lawyer. Most probably, that should jerk them out of lethargy and get your F&F settled.
@ Sandhya - if you already have a PF number and your employer has deducted your PF but not deposited the same with the PF office, you have a both a labour and criminal case against them. I would advise you to first approach the concerned PF office for a statement of your account. If it shows no deposits, you can file a written complaint with them against your ex-employer. Make sure you attach all relevant documents including the salary slips that show the deduction and details of your employment with them.
Regards,
Gaurang
From India, Ahmadabad
Dear
Please see the thread posted before 2 months (Important Labour Judgements 2009)
It is clearly explaining the following
Employee performing purely managerial or administrative functions is not a 'workman'. State of Haryana & Ors. vs. S.D. Dubey. CLR III 2009 P. 65
(Delhi H.C.)
So Labour Court may reject the case primafacie if your company plea with above reference.
Before going to Labour Court, Consult the Labour court lawyers.
With warm regards
S. Bhaskar
9099024667
From India, Kumbakonam
Please see the thread posted before 2 months (Important Labour Judgements 2009)
It is clearly explaining the following
Employee performing purely managerial or administrative functions is not a 'workman'. State of Haryana & Ors. vs. S.D. Dubey. CLR III 2009 P. 65
(Delhi H.C.)
So Labour Court may reject the case primafacie if your company plea with above reference.
Before going to Labour Court, Consult the Labour court lawyers.
With warm regards
S. Bhaskar
9099024667
From India, Kumbakonam
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