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GURUNATH (Web & Graphic Designer)     18 December 2013

Company is not settling my final a/c & my credit card bill

I have joined the company on 1st April 2009. 9thclick Web Solutions (I) Pvt. Ltd. has designated me as a Web and Graphic Designer at Bangalore location and Rs. 24000 towards salary per month and Company has paying me after October 2012.

I left the job on 18th September 2013 and my MD informed me they will settle the salary & my Credit card bill in next 30days. Its near to 3 months still salary & my Credit card bill is not settled.

I have sent so many emails to my MD. No response from the Company or by MD. In mail I have mentioned in detail about final settlements. The Company has my salary due since December 2012 to 18th September 2013 and my Credit card is used for Company purpose and the billed amount is Rs. 82,550 now.

I am informing to my MD reg. the billed amount to clear as soon as early when ever I got a call from credit card department.

Even I approached a Advocate for sending a legal notice to my previous Company (9thclick Web Solutions (I) Pvt. Ltd.) and he has sent the notice on 02nd December 2013 and the legal notice is delivered on 05th December 2013.

Now my Advocate, he is not responding me properly. Even if give him a call. He is not responding to my call.

Within 15days we have get back the acknowledgment from my 9thclick Web Solutions (I) Pvt. Ltd. but still my Advocate he telling he didnt got the acknowledgment.

I have paid him Rs. 2500 for sending a Legal Notice to 9thclick Web Solutions (I) Pvt. Ltd.

Please help me in this regards.



 2 Replies

Kumar Doab (FIN)     18 December 2013

You have done a blunder by allowing the usage of your personal credit card for company and letting the employer use it more than 3 times of your monthly wages.

 Your lawyer has restricted himself to issuance of legal notice for which you have paid an agreed amount to him.

 

Did you collect copy of the legal notice?

 

 For such matters ideally a labor consultant/service lawyer should be approached.

Although many lawyers may issue legal notice however many lawyers may themselves advice to approach to and refer to  a labor consultant/service lawyer as it altogether different filed and in each city a limited number of lawyers practice in it.

They are few in number but well known and they specialize and practice in this field only.

 

If in legal notice 1 month time was given and employer does not bother to reply then you can approach the appropriate forum for you.

 

The employee can lodge the complaint the minute employer delay the payment of wages even by a day.

 

If employer has made you use the CC for his personal/company purpose and now is declining to pay by due date of payment of CC then you may get declared as defaulter and it may ruin your credibility.

 

 

 

In case of dispute employee can approach:

 

 

 

-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, this Head, appointing authority, CEO, Chairman, MD in list of noticees............

 

Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................

 

Your lawyer may ask you a set of structured questions and may opine that you are covered.

 

If you are not covered then your lawyer may like to examine job advertisement, appointment letter, service codes and regulation applicable in the establishment and may advice to file for recovery of dues in civil court.

 

-Trade Unions/ Employees Unions: They know precise ways to handle such issues

 

 The state of Karnataka has ended the exemption from standing orders.

 

IT employees unions.
https://www.itecentre.co.in/
Contact Us
Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912
Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com

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UNITES Professionals

www.unitespro.org

https://www.wbitsa.org/

I. T. PROFESSIONALS' FORUM-INDIA - Home
www.itpfindia.org/

 

 

List of labor officials and Trade unions is attached.

 

 

-Inspector under Shops and Commercial Establishments Act; 

 

- Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm).

 

-o/o Labor commissioner

 

-Civil Court.

 

 

 

 

 


Attached File : 89113004 list of labor officials in banglore.doc, 89113004 trade unions in karnataka.doc, 89113004 karnataka shops and commercial establishment act.pdf downloaded: 227 times

Kumar Doab (FIN)     18 December 2013

Attached.


Attached File : 89113004 payment of wages act 1936.pdf downloaded: 172 times

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