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Discussion > Labour & Service Law > Others > How and where to lodge a complaint against a employer   Unanswered Threads Post New Topic

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There are 27 Replies to this message


Subodh


TSO
[ Scorecard : 26]
Posted On 20 August 2012 at 03:37 Report Abuse

Hi,

I worked for 1 year in a BPO which is a PVT LTD company, I left my company by giving 30 days notice, however in my FNF settlement they deducted almost RS 20,000 from the total amount saying that i didn't serve the 30 days notice period. When i contacted my TL about this issue he assured me that this was just a error and will get this sorted out.He spoke with the HR dept and the Sr operations manager and informed me that may take a long time and he can't give me a date for the settlement. It's already been 2 months that i've left the job and still the settlement is not done. Also the leave balance encashment and the arears were not given. After following up for many days i am not getting any answer. So I request you to help me on how and where can i lodge a complaint so that i get the dues settled.

Thanks in advance.



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Vivek vashishth


Corporate & Criminal Lawyer
[ Scorecard : 51]
Posted On 20 August 2012 at 07:42 Report Abuse

First of All you must send a demand notice through your Lawyer or union( on behalf of You) and 15 days notice will be served upon the mgmt/company and if the management compromise and refund your amount then good otherwise you will have to file a complaint before labour cum conciliation officer of your area where have lastly worked and they will try to settle your matter like a arbitrator but if the dispute is still exists then conciliation officer send your dispute to governer of the state delegated the power to state labour commissioner and they may refer ur dispute before labour tribunal or may not.I have told you the actual procedure so consider about it and take a initial steps to get your right.

Jai Hind

Adv. Vivek vashishth

ch. no. 258,Distt. court ,Panipat

Haryaana



adv. rajeev ( rajoo )


practicing advocate
[ Scorecard : 35289]
Posted On 20 August 2012 at 10:49 Report Abuse

Issue legal notice to pay the arrears.  If co., failed to respond you then file a case in the labour court.



M.S.R.Murty


Manager (Admn)
[ Scorecard : 354]
Posted On 20 August 2012 at 12:16 Report Abuse

Dear Sir,

What Mr. Rajeev Ji, suggested is right  and first you send a Formal notice by yourelf or through Advocate with time specification, if the Company not responded, then you can file a letter to Asst. Labour Commissioner, Within fifteen days the Asst.Commissioner Office  will call you and your company also for conciliation.   If the issue not settled there, then you can go for legal recourse.



Subodh


TSO
[ Scorecard : 26]
Posted On 20 August 2012 at 13:15 Report Abuse

Thanks all for your advice.

What should i include in the notice and what documents should i keep ready before lodging a complaint in labour court.



Kuldeep Kumar


Team Member
[ Scorecard : 27]
Posted On 20 August 2012 at 13:57 Report Abuse

What is the exact time limit for getting Gratuity from an organisation?



Riyazuddin maniyar


electronic technician
[ Scorecard : 22]
Posted On 20 August 2012 at 18:00 Report Abuse

Sir, i was employeed by an mnc on contract basis on daily wage basis but they have stopped calling me on job and they are not paying me the notice period amount to me..please help and guide me as they are not giving me my dues..

thanks



Kumar Doab


FIN
[ Scorecard : 20652]
Posted On 22 August 2012 at 13:33 Report Abuse

---- In a given situation employee can invoke the Industrial Employment standing orders Act, Payment of Wages Act, SE Act, and ID Act as per explanation of employee under these Enactments or approach civil court.

Companies burn extra energy to convince employee that he/she is not a workman as many of the enactments favor employee and limit the choice to employer. However designation alone does not decide employee is a workman or not.

As per Industrial Employment (Standing Orders) Act, 1946 employer should pay all wages and issue certificate on last day in office.

----If employee has tendered notice of resignation say of one month the date of retirement is known to employer and employer should disburse the gratuity on date of retirement on its own or the employee may submit form I to employer under acknowledgment. If the employer/HR/Line management is not good copy of Form I may also be submitted to Controlling Authority which may be ALC, under acknowledgment



Isha


Payment Posting Executive
[ Scorecard : 26]
Posted On 15 August 2013 at 20:39 Report Abuse

Hi

I am working in Medical billing company Nightingale home health care PVT. LTD. Gurgaon. My Husband was w orking in the same. When my husband left this company he was not serve their 30 days notice peroid so he submit one mont salary as per rule.

But my manager pressurize me to resign frommy job. But i have a basic need for this job. She is mentally pressurize me. Kindly suggest me what step i take and to file my complaint in labour court. 

 

Thank you



Kumar Doab


FIN
[ Scorecard : 20652]
Posted On 16 August 2013 at 11:17 Report Abuse

 

@Isha,

 

You have posted that:

But my manager pressurize me to resign frommy job. “ “She is mentally pressurize me.”

Do you have any proof of it? Without any evidence it will be just an allegation.

The onus of proving your contentions shall be on you.

Employee should record such transactions (audio/visual) and keep some evidence, witness.

To extract resignation by force or in words to force/coerce/intimidate/pressurize the employee to write down and sign his own termination is unlawful…………………

While a determined employee can approach Labor Inspector, o/o Labor Commissioner, Inspector under Shops and Commercial Establishments Act and may even approach Trade Unions, Police with criminal complaint…………………

However company shall not budge until you have some undefeatable evidence.

Your husband has not complied by serving full notice period and has opted to tender notice pay that is not taken in good taste by management, hence the pressure on you.

You may also firm up your next venture as ap and thus have a contingency plan in place.

It shall be appropriate to approach a competent and experienced labor consultant/service lawyer with copies of your appointment letter, standing orders of the company, HR policy, Service rules etc, etc………….give inputs in person, understand the merits and proceed under expert advice of your lawyer.

 

Let your lawyer ask you a set of structured questions and opine whether you would be covered as ‘workman’ as in ID act and/or ‘employee’ as in Shops and Commercial Establishments Act………………….or not !!!

Before you initiate any action in haste you must understand the pros and cons.




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