Firm terminated me due to lockdown and didn't give my final settlement money. I complained in the labor dept. and the case is ongoing. Firm says it is not going to give any money even though dept. told it is my right. Dept. gave firm time for 2 weeks to think about it when clearly firm is not interested. What should i do if firm still does not give me money? Will labor dept. direct firm under the law to give money or will it just leave the case stating settlement is not reached? What should be my approach (worked for 37 years in the firm)?
From India, Bengaluru
1From India, Bengaluru
Dear friend,
It would have been better had you stated the type of the firm like a factory, shop or other kind of establishment and the position of your employment like workman, clerk, supervisor or manager.
Besides, the action of the labor officer, in the face of the employer's non-co-operation for any kind of settlement depends on the type of your complaint i.e., if it is a mere complaint for terminal benefits, you would be advised to approach the appropriate forum for recovery or if it is a dispute against your termination and if you were a workman, you would be given a conciliation failure certificate with which you have to file a further dispute for adjudication before the Labor Court for the area. If you want only the final settlement of your terminal benefits, the forum for recovery of gratuity, if applicable, is the Controlling Authority under the Payment of Gratuity Act, 1972 who would normally be an Asst.Commr of Labor. For other dues like leave encashment, pending salary etc., you should file an application u/s 33-C(2) of the IDAct, 1947 in the Labor Court.
In case you were not a workman, you have to institute a Civil Suit for recovery of all dues other than statutory gratuity.
From India, Salem
It would have been better had you stated the type of the firm like a factory, shop or other kind of establishment and the position of your employment like workman, clerk, supervisor or manager.
Besides, the action of the labor officer, in the face of the employer's non-co-operation for any kind of settlement depends on the type of your complaint i.e., if it is a mere complaint for terminal benefits, you would be advised to approach the appropriate forum for recovery or if it is a dispute against your termination and if you were a workman, you would be given a conciliation failure certificate with which you have to file a further dispute for adjudication before the Labor Court for the area. If you want only the final settlement of your terminal benefits, the forum for recovery of gratuity, if applicable, is the Controlling Authority under the Payment of Gratuity Act, 1972 who would normally be an Asst.Commr of Labor. For other dues like leave encashment, pending salary etc., you should file an application u/s 33-C(2) of the IDAct, 1947 in the Labor Court.
In case you were not a workman, you have to institute a Civil Suit for recovery of all dues other than statutory gratuity.
From India, Salem
Typo: Worked 7 years (not 37)
It is a Kirana shop. Worked as watchman cum peon. Salary 8000/-
No problem with termination, but want my settlement money.
All wages paid. Did not get any leave encashment or such.
What should i do if firm does not attend the next meeting at Labour office?
From India, Bengaluru
It is a Kirana shop. Worked as watchman cum peon. Salary 8000/-
No problem with termination, but want my settlement money.
All wages paid. Did not get any leave encashment or such.
What should i do if firm does not attend the next meeting at Labour office?
From India, Bengaluru
Typo: Worked 7 years (not 37)
It is a Kirana shop in Guntur. Worked as watchman cum peon. Salary 8000/-
No problem with termination, but want my settlement money.
All wages paid. Did not get any leave encashment or such.
What should i do if firm does not attend the next meeting at Labour office?
I also think that i dont get minimum wages acc. to law. Should i complain that also? Will it be beneficial to complain. What action should i take if kirana shop owner doesnt give min wage?
From India, Bengaluru
It is a Kirana shop in Guntur. Worked as watchman cum peon. Salary 8000/-
No problem with termination, but want my settlement money.
All wages paid. Did not get any leave encashment or such.
What should i do if firm does not attend the next meeting at Labour office?
I also think that i dont get minimum wages acc. to law. Should i complain that also? Will it be beneficial to complain. What action should i take if kirana shop owner doesnt give min wage?
From India, Bengaluru
If the total no of employees is 10 or above as of now or any time in the past, you are entitled to gratuity for the entire service based on your last drawn salary ( basic+D. A). Claim it as I stated before.
From India, Salem
From India, Salem
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