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Subodh (TSO)     20 August 2012

How and where to lodge a complaint against a employer

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.



Learning

 118 Replies

Vivek vashishth (Corporate & Criminal Lawyer)     20 August 2012

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)     20 August 2012

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))     20 August 2012

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)     20 August 2012

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)     20 August 2012

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

Riyazuddin maniyar (electronic technician)     20 August 2012

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)     22 August 2012

---- 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)     15 August 2013

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)     16 August 2013

 

@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.

Isha (Payment Posting Executive)     21 August 2013

Thanks For Your Advise. But sir I Want to Know WHat Should in My demand notice By Lawyer. If Company Give me 15 days notice Peroid By Sending Such mail. Dear Isha, Please consider this as notice for your services - it is management decision due to company 's policy (since your husband has left organization) that we can not allow you to work after 08/31/2013 - consider that as your last working day and we will clear all your dues on 7th of Sep. Mangement wishes you all the best in future. What compansatation I can Get from company Legally. Kindly Advise

Attached File : 505889568 isha.txt downloaded: 180 times

Kumar Doab (FIN)     21 August 2013

 

You have posted that:

 

 

 

 

-------“ it is management decision due to company 's policy…………………..  that we can not allow you to work”   { if it is stated in email that“(since your husband has left organization)’}

 

It is felt that this is not a just and justified reason.

 

{ Supreme Court of India has held that “‘2. Whenever it is said that something has to be done within the discretion of the authority then that something has to be done according to the rules of reason and Justice and not according to private opinion , according to law and not humor. It must not be arbitrary vague and fanciful. [626D]”}

 

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

 

Record such transactions (audio/visual) and keep witness with you?

Without any evidence it will be just an allegation.

 

Later you may have a claim that you were coerced and forced to resign and since you did not you were terminated.

From the language of email it is felt that company has issued you the notice of termination which you may have to serve to earn salary. If you do not company shall adjust it in FNF dues or proceed to recover………………

You can approach Labor Inspector, o/o Labor Commissioner, Inspector under Shops and Commercial Establishments Act and may even approach Trade Unions…………………….

 

It shall be appropriate to show all docs to a competent and experienced labor consultant and service lawyer and proceed under the 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 !!!

Firm up your next venture As Ap.

 

Supreme Court of India

Sant Raj & Anr vs O.P. Singla & Anr………………….

https://www.indiankanoon.org/doc/476799/

“HELD; 1. Ordinarily , where the termination of service is found to be bad and illegal , in the field of industrial relations a declaration follows that the workman continues to be in service and has to be reinstated in service with full backwages. The Labour Court has however , the discretion to award compensation in respect of reinstatement if the circumstances of a particular case , are unusual or exceptional so as to make  reinstatement inexpedient or improper.”

Your lawyer that has seen all of your docs and advice you best.

Let your lawyer’s opinion be last and final on your matter.

 

 

Valuable advice of learned experts/members is sought.


Attached File : 505983273 sant raj & anr vs o.p. singla & anr on 9 april, 1985.pdf downloaded: 232 times

Isha (Payment Posting Executive)     23 August 2013

Sir 

I want to know What should I Do. I leave the Company on 31.8.2013. Because I am not willing to resign. According to notice my last working Day is 31/8/2013. What should i reply on the the Mail . Plase suggest meWhat is my next step according to The mail my company management send me.


Attached File : 719902646 isha.txt downloaded: 139 times

Kumar Doab (FIN)     23 August 2013

 

You have posted that:

----“I leave the Company on 31.8.2013. Because I am not willing to resign. According to notice my last working Day is 31/8/2013.”

You have been terminated and notice of termination (by email) has been supplied to you.

During the notice period if you want to resign it is company’s decision to accept it or not.

If you do not resign (Because I am not willing to resign) company can proceed with termination order it has issued.

If you do not serve notice period company may not pay salary for balance notice period.

 

-----“What should i reply on the the Mail ‘

According to you company has stated reason for issuing notice of termination and relieving by 31.08.13 “(since your husband has left organization)”

I want to know What should I Do.’

You should approach your lawyer.

 

It shall be appropriate to show all docs to a competent and experienced labor consultant and service lawyer and proceed under the 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 !!!

Your lawyer that has seen all of your docs and has analyzed your inputs can advice you best.

Let your lawyer draft your reply or demand notice or legal notice as deemed fit by you and your lawyer…………………….. 

Also firm up your next venture (job or business) As Ap.

 

As if  you decide not to agitate in any of the forum available to you and drop the matter or agitate in any of the forums of your choice then you should have some source of earning for you.

You may choose your options as suitable to you.

Choose wisely.

rajat (manager)     30 August 2013

Hi I am working in a company called Me n Moms Pvt ltd , its a very unprofessional company and some how i am stuck with the company, as i was working from past 10-11 months in the company they hold my salary for last 1-2 months and when i have asked them that without any prior intimation how can you hold my salary then they said that you are not performing as expected as a new HOD who has just joined 10-15 days back has given a feedback of non performance and then the HR has manhandled me and even pressurised me to share all the required details and passwords of the task which i was taking care on a day to day basis with the team so that it can be accessed by all the team after sharing the required details with the team on the same day he has asked the IT team to take my official email id password and has blocked my mail id and has also changed the passwords of all the other erp and tools which i have shared with the team, i left for home and asked him to give my last 2 months salary only then i will be able to continue,  then he has send a official termination letter  with registered ad to my home town stating to accept the termination of my services that on grounds of non performance the company is terminating you and you have to serve a notice of 15 days post that only your full and final settlement will be made. he has not allowed me to resign officially and its almost 40-50 days that this even has occurred , he saying he will spoil my career and will not give reliving letter and F&F. Please advice me what can i do. This is not the single case this company has done this to lot of other people even the hr team  mates operations heads marketing heads category heads and lot of other people the attrition in the company is highest as people leave the company in 2-3 months because of this also they dont give PF . PLEASE ADVICE AS I WANT TO GO LEGALLY AGAINST THEM AS THEY ARE NOT RELIVING  ME AND ISSUING A TERMINATION LETTER. I HAVE PROOFS OF THE COMPANIES TRACK RECORD AND MAILS FROM OTHER EMPLOYEES FOR WHOM THEY HAVE TREATED IN A VERY UNPROFESSIONAL MANNER. PLEASE ADVICE........AS I NEED HELP I AM ALSO ATTACHING THEIR COMPANY POLICY DOCUMENT WHICH 


Attached File : 929167112 hr policy manual - final.pdf downloaded: 156 times

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