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Mukesh Sharma (Partner)     23 January 2014

Full and final settlemnt

Dear ALL,

 

My name is mukesh,i have been working with One pvt.ltd comapny for 5 year 4month.

i have given notice and resign as per our company policy.i got resignation letter.

after my resignation company sold out within 3 month.

i have sent many reminder by mail for my gratuity and my full and final settlement but not received .

kindly guide what should i do ?

thanks

mukesh



Learning

 1 Replies

Kumar Doab (FIN)     23 January 2014

Before being sold out the company had to fufil its legal obligation of paying FNF dues on last day in office or max. by usual pay day, Gratuity within 1 month.

Did you receive notice of Determination of Gratuity and/or did you submit FormI?

 

 

The agreement between new owners and old owners may need to be studied.....................

 

If company has defaulted on payment of wages then it could have defaulted on TDS, PF, ESIC, Group Insurance etc too..............

 

 

However without wasting anytime you may find out whereabouts of owners, Directors of old company their assets, and also approach:

 

- 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 )

-Inspector under ( Name of your state) Shops and Commercial Establishments Act; If the establishment is commercial 

-o/o Labor commissioner

- RPFC for PF

-ITO-TDS where employee files ITR and jurisdictional CIT-TDS where employer files ITR.


-ESIC  Inspector

--Controilling Authority of Gratuity


-Civil Court.


-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , 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.


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

>> There are threads to indicate that employees contemplate to file criminal complaints u/s 406,420.............................and approach employers as creditors treating unpaid wages as debt on employer..................

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI

Approach a competent and experienced labor consultant, show all docs on record and proceed under expert advice of your lawyer.

 

 

 

 

 

 

 

 

 


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