Hi Team,
I left Technosoft Global Services Pvt Ltd on 16th Jan 2015, due to an emergency. I had requested them to process my full and final settlement by the first week of Feb 2015. I even received confirmation from the finance team that they would be processing it by the first week of Feb 2015. However, when I asked them in the first week of Feb 2015, they started claiming that they hadn't received something or the other. Until now, they haven't confirmed with me. Please let me know what I should do. It's very frustrating, and I am considering filing a complaint with the labor court.
Please help.
Thanks,
Abhishe Mishra
From India, Bangalore
Acknowledge(0)
Amend(0)
I left Technosoft Global Services Pvt Ltd on 16th Jan 2015, due to an emergency. I had requested them to process my full and final settlement by the first week of Feb 2015. I even received confirmation from the finance team that they would be processing it by the first week of Feb 2015. However, when I asked them in the first week of Feb 2015, they started claiming that they hadn't received something or the other. Until now, they haven't confirmed with me. Please let me know what I should do. It's very frustrating, and I am considering filing a complaint with the labor court.
Please help.
Thanks,
Abhishe Mishra
From India, Bangalore
Acknowledge(0)Amend(0)
Under the Karnataka Shops and Establishment Act, the provisions of the Payment of Wages Act are applicable for unpaid wages. Approach the inspector under the former Act to collect the outstanding dues by representing your case.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
236Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
How would I be approaching the inspector please explain me completely. As i need to take action and to let you know its not a shop its an it company.
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
Payment of Wages Act will apply only to persons whose salary does not exceed ₹18,000. However, the inspectors are generally sympathetic and take up matters beyond that as well.
However, you have not told us what exactly was the response of the company. What is missing that prevents them from processing your salary? Are these tasks you were responsible for returning, resolving, or ensuring?
People seem to think that the legal route is an easy option, but they don't realize that it is so costly and time-consuming that it's meaningless for small matters. Are you willing to pay a lawyer ₹20,000 to recover your wages when it can basically be resolved with a visit to the office, sitting across the table, and getting things resolved?
From India, Mumbai
Acknowledge(0)Amend(0)
However, you have not told us what exactly was the response of the company. What is missing that prevents them from processing your salary? Are these tasks you were responsible for returning, resolving, or ensuring?
People seem to think that the legal route is an easy option, but they don't realize that it is so costly and time-consuming that it's meaningless for small matters. Are you willing to pay a lawyer ₹20,000 to recover your wages when it can basically be resolved with a visit to the office, sitting across the table, and getting things resolved?
From India, Mumbai
Acknowledge(0)Amend(0)
Your company is covered under the term "establishment" as defined under the Act. Further, send a registered post letter to the employer enclosing a draft of one month's salary and seek immediate relieving, if you can afford. If your dues are pending with him, then instead ask for adjusting the dues except PF. Refer to the provisions of the Shops and Establishment Act. Then approach the inspector under that Act to get your relieving which the employer is denying. This you can do by sending a complaint to him in writing enclosing a copy of the letter and draft sent by you but the defiance of provisions by failing to relieve you. Request to get your relieving and settlement of dues if any. It is his duty to ensure compliance.
Thanks Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Thanks Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Under Section 21 of the Karnataka Shops and Establishment Act, the provisions of the Payment of Wages Act apply regardless of the limit of Rs. 18,000/- of wages because subsection (1) of Section 21 starts with a non-obstante clause stating: "Notwithstanding anything contained in the Payment of Wages Act, 1936...". Moreover, an inspector appointed under the Shops and Establishment Act is obligated to implement the provisions of the Payment of Wages Act. It is not due to any discretion of the inspector but rather his duty to perform these functions.
Furthermore, there is no need to consult a lawyer for such purposes because through this site, employees are educated to understand their rights and not be intimidated by the whims and fancies of employers.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Furthermore, there is no need to consult a lawyer for such purposes because through this site, employees are educated to understand their rights and not be intimidated by the whims and fancies of employers.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
I will explain it once again. I already left Technosoft on 16th Jan, and they relieved me on the same day. The problem is I have asked them to process my FnF early, at least by the 1st week of Feb, as I have an emergency. Initially, they agreed to process it by the 1st week of Feb 2015, but when I followed up with them, they started playing games and kept delaying the process, which is very frustrating. Now, they don't even reply to my emails. My point is, how will I be able to collect my dues from them? It is my right to get my money; I haven't asked for anything beyond what is due to me. Please help.
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
The employer ought to have paid FNF dues. Send a registered letter to the employer, calling upon him to pay the outstanding dues immediately. Send a complaint to the inspector under the Karnataka Shops and Establishment Act regarding non-payment of dues by the employer. If he fails to do anything, please come up again.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
How would I will send a register letter and how would I contact Inspector of Karnataka shops and establishment act. Please guide me as I have no experience for the same. Thanks, Abhishek Mishra
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
Registered letter is sent through the post office. Get a typed letter containing the following statement suitably modified. While sending a registered letter to the Owner of the company, state that you were appointed as ------ in the company. After having worked up to ----, you resigned from the job. The following dues are outstanding against the company in the FnF settlement. Write details of dues. State you were assured that these dues will be paid to you on ----, even though under the law these should have been paid on the date of relieving. Please pay the above dues immediately; failing which, I may have to approach the appropriate legal forum. Mention your email address and mobile number below your name and address. If you do not get any response, make a complaint addressing the local Inspector under the Karnataka Shops and Establishment Act whose address you can locate under the labor department. It should also be sent under a registered letter.
After sending through the post office, go to the Labor department and ascertain who the inspector is. Meet with him. In the complaint, state that you were employed with the company, namely, an address falling under his jurisdiction. You were appointed as ----- on -----. You resigned from the said job on -----, but the employer has not paid you the outstanding dues at the time of relieving. He assured that these will be paid on ----, but he has failed to do so. Then you sent a registered letter to the owner of the company (enclose a copy and postal receipt copy) but he has failed to pay the said dues. I request you to kindly use your good offices under the Karnataka Shops and Establishment Act, especially under section 21 and other provisions of the Act, to get my outstanding dues from the said company along with interest and take appropriate action for violating the provisions under the Act. In case you do not get any relief, please come up again.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
After sending through the post office, go to the Labor department and ascertain who the inspector is. Meet with him. In the complaint, state that you were employed with the company, namely, an address falling under his jurisdiction. You were appointed as ----- on -----. You resigned from the said job on -----, but the employer has not paid you the outstanding dues at the time of relieving. He assured that these will be paid on ----, but he has failed to do so. Then you sent a registered letter to the owner of the company (enclose a copy and postal receipt copy) but he has failed to pay the said dues. I request you to kindly use your good offices under the Karnataka Shops and Establishment Act, especially under section 21 and other provisions of the Act, to get my outstanding dues from the said company along with interest and take appropriate action for violating the provisions under the Act. In case you do not get any relief, please come up again.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Full n final settlement.doc