Final settlement of my salary,gratuity,bonus.el
dinesh kumar sahoo
(Querist) 04 July 2015
This query is : Resolved
DearSir,
My brother was working in a pvt company for 7 years.
from last six months the company was not giving any salary.Any way my brother was managing his financial problem.Finally he resigned the Job.He also give 1 month notice to the company as per company rules and completed the notice period.The company accepted his resignation but not settle his accounts.His 6 months salary,notice pay salary,Gratuity,Bonus,EL is pending.The company is not taking any interest to pay all the above amounts.
Kindly give me advice whether He will suit a case against his company for settle the above dues & what is the procedure to make labour case against the company.
Kindly Give Advice.
With Regards
Dinesh
P. Venu
(Expert) 05 July 2015
Yes, he can approach the civil Court.
Kumar Doab
(Expert) 05 July 2015
You should provide full information, pointwise!
What is this establishment registered as: Commercial,Industrial?
What is its line of business:IT,ITeS,banking etc?
How many maximum persons are employed in it at any point of time, before and after your resignation?
The Redg Office,Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter and Gratuity Rules?
What was your monthly salary?
Was any appointment letter, salary slip of each month, PF number with a/c slips,ESIC card,Form16 given to you?
Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?
Has acknowledgment of notice of resignation, supplied to you?
Are you a member of any employee’s/Trade Unions?
The employer that does not pay earned wages/salary on a promised date and before fixed date of payment of wages/salary as per various enactments is unworthy of being employed with.
Employee should not work for a day beyond promised date and before fixed date of payment of wages/salary……………….if salary is not paid…………………and demand payment of salary first………..in writing under proper acknowledgment. In such case due to breach by employer condition like notice period would loose its sanctity.
The employee can lodge the complaint the moment his/her salary is not paid by the fixed date for disbursement of earned wages and employer can be penalized say by Rs7500/instance.
An employee that is properly informed and supported by unions/lawyer is better placed than ill-informed/unsupported employee.
In your case the employer has sensed, seen that you have not agitated and have succumbed to its tantrums, bowed to pressure so why should it be concerned and interested to pay.
Employer have time tested strategies for hapless and gullible employees and also those who like you may think of agitating later after resigning.
Employees in your sector must have also have united and unions of your trade have also done good job. Approach the employees/ Trade Unions and gradually you will know how to negotiate the contracts and the hot buttons that can be pressed, if the need be.
Hope you have copy of resignation, its proof of dispatch/delivery, acknowledgment, acceptance, acknowledgment of handover of charge, NOC/NDC etc.
Submit a final representation addressed to appointing authority/MD/Chairman , by Redg. Post, to supply you by Redg. Post so as to reach you within next say 7 days…………. service certificate, reliving letter, CORRECT FnF statement showing salary/earned wages of the months of………./bonus/OT/leave encashment/incentives/reimbursements/Gratuity etc, salary slips of all months of employment, payment of FnF wages by bank DD, PF number with a/c slips of all years, ESIC card, Form16 as per correct FnF statement, NOC/NDC etc……………….
You may narrate all previous representations made for these payouts in office each month (mention dates, names……..etc) and after expiry of notice period ((mention dates, names……..etc) and that a postage prepaid self addressed envelope is attached for sending DD/documents to you by Redg. Post.
dr g balakrishnan
(Expert) 05 July 2015
YOU KNOW COY IS NOT FINANCIALLY VIABLE IS A FACT. WHEN SO WHAT IS THE POINT TO PRESSURISE THE ISSUE, THE COY MIGHT PAY PAY WHEN ONCE IT IS OUT F ITS PROBLEMS,
IN THE MEAN LOOK FOR SOME OTHER WORK AND MANAGE WHILE KEEP CORDIAL RELATION WITH THE COMPANY, NO POINT TO MOVE ANY KIND OF LITIGATION FOR LITIGATION COULD NEVER SOLVE YOUR PROBLEM.
CONTINUE YOUR REQUESTS FOR EARLY SETTLEMENTS, LEAST YOU LOSE THEIR TOUCH IS MY ADVICE.
Rajendra K Goyal
(Expert) 05 July 2015
Well advised, agree with expert Kumar Doab.
