Regarding Settlement & bonus

Querist : Anonymous (Querist) 30 July 2010 This query is : Resolved
Dear Sir,

one of my friends working in garment co. That Garment co owner always giving problems to their senior employees, he harrassing mentally & physically, Because of this my friend left the co without informing. So that company owner now not ready to give his settelement & bonus. he always using rubbish words. What steps we have to take to get the settlement & bonus.

Can u help me sir,

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Raj Kumar Makkad (Expert) 30 July 2010
Serve a legal notice failing to get desired results within stipulated time mentioned in the notice, file a civil suit for rendition of accounts.

Daksh (Expert) 30 July 2010
Dear Anonymous,

Two wrongs cannot make the things right. Let's go step by step. Your friend left the employment without any notice as such the first step ought to have been a resignation letter depicting all the reasons and facts. Let the same be done now and whereafter the dispute of settlement of dues can be addressed.

Please note I do not fully endorse the view of Raj for the following reason :

If you go for the civil suit you have to pay the court fee and instead your case can be a perfect Industrial Dispute and the concerned Labour Court can call for the records and adjudicate accordingly.

In view of the above reasoning it would be appropriate that firstly your friend should sent the resignation letter calling for settlement of her account incorporating the reasons of resignation and in failure of the same go to the Industrial Tribunal to get your friends dues realized.

All the very best

Best Regards

Daksh

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