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Pravin indurkar (cluster lead)     21 August 2012

Full and final settlement from previous company

Hi,


I have query regarding our full and final settlement, 1) we were outsourced by  one multinational company( ZTE) to the other company payroll(A2Z),now again we are outsourced to another company(NR SWITCH). 2) After 4 month our old payroll registerd company (A2Z)still not providing our 20 days salary pending with them,as we have submitted all no dues form. 3) They are repeatedly pointing pendency of  fund towards ZTE. 4) My query is can we take any legal action against A2Z ? AS we were registerd employee of A2Z,is there is any law for full and final settlement duration?



 3 Replies

Kumar Doab (FIN)     21 August 2012

You have posted that:

--“AS we were registerd employee of A2Z,is there is any law for full and final settlement duration?“

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.

You may go thru another interesting thread;

 

Discussion > Labour & Service Law > Gratuity and compensation

At the following link:

https://www.lawyersclubindia.com/forum/Gratuity-and-compensation-63698.asp#.UDIj9yIWrts

 

 and

Discussion > Labour & Service Law > Employment > Resignation

 

https://www.lawyersclubindia.com/forum/Resignation-63710.asp

 

 --“They are repeatedly pointing pendency of  fund towards ZTE.”

Is this statement made in writing? Employee should record such transactions {audio/visual} and keep some witness. It seems you are amongst many employees who are suffering. All of you can be witness to each other. All of you can jointly approach Inspector under payment of wages Act, O/o Labor Commissioner.

 

The business and pendency are between tow companies and wages of employee can not be blocked.

 

--You should issue a carefully structured representation in writing under acknowledgment to appointing authority, MD, CEO, Company Secretary of both ZTE and A2Z and demand payment of your wages at once.

If no relief is granted all of you may jointly approach the authority under various enactments. All of you may jointly approach a competent and experienced labor consultant/service lawyer with all records and give inputs in person. This shall lower the expenses too.Your lawyer may prefer to issue legal notice and legal notice may fetch you relief.

 

Pravin indurkar (cluster lead)     21 August 2012

Thanks for your reply, As per your reply we have allready demanded payment in mail,and same reply of pendency is given by A2Z team in written mail,now almost 4 month is completed,and same reply we are recieving repeatedly, now what next? can we will take legal action as per above reply?

Kumar Doab (FIN)     22 August 2012

Yes.

All of you may write to ZTE as well.All of you may approach authority under 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.You may approach ALC at your location.

All of you  be witness to each other.

All of you may jointly approach a competent and experienced labor consultant/service lawyer with all records and give inputs in person. This shall lower the expenses too.Your lawyer may prefer to issue legal notice and legal notice may fetch you relief.Your lawyer can take care of the matter while you can focus on your job.

 


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