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Saurabh (NA)     05 August 2015

Need advice against taking legal action against employer

Hi Folks,


Can somebody here guide me to take punitive legal action against employer for causing mental harassment and stress. Asking to work overnight, Asking to be available on phone while sick etc. are some of the offences committed by the bosses. I want to have all information at hand so that if need arises I can take strict action against them. I hope that I posted this query in the right forum.If not, please guide how to take this matter ahead in detail and what evidences to collect to make my case very strong.






 7 Replies

Adv. Sagar R. Jadhav (Proprietor)     05 August 2015

Rather got struck in legal cases and waste your time and money better you switch a job.

You can file complaint against them before labour court for your prayers, you will get some reliefs.

MADHUSUDAN G R (Advocate)     05 August 2015

You have not told your designation.  Instead of getting into all the legal mess, better do not show interest in work.  One fine day, they themselves will ask you to resign.

kameswarao S (Head HR)     06 August 2015

the acts like asking employees to be available in sick time and all are not harrassment it is in-human and rightly mentioned by our experts its better to  search and change however suggest to some how manage to send the information to Labour department people and ask them to plan  inspection,  ensure that other victims ( your colleagues) also meet them and submit their inputs so that they can register a case and proceed instead you in person wasting your time, money and career.

Kumar Doab (FIN)     07 August 2015

Record all calls/meetings and generate irrefutable evidence.


Become member of Employee's/Trade Unions and the leaders can be your witness and they know precise ways to handle such matters and drive such unscruplous employers and their cronies out.


Once you have the evidence stake claim to OT and let the employer or its cronies pay thru thier nose.

The Inspectors appointed under Payment of Wages Act, Shops & Estabs Act, Factory Act can examine and acquire the various prescribed  registers and penalize the punish for violations and falsification of record.

Make such Managers/Employers famous and popular fas 'VIOLATORS' of rights of employees.





hemal8110   10 October 2015

My employer not give appointment letter.

1.No salary slip given nor taken sign for getting salary statement.only cheque given per month.

2.proff. tax deducted.No mustered registered maintain without oursign...thumb impression m/c recorded,CCTV footage is recorded

3.since 2 month no salary is given,this is 3rd month.Some employee get salary in last month which is senior employee.along with me another 2 person also not getting salary.

4.Office run in residential area in apartment. identity card is issued.

Please advice to get salary from such compnay



Kumar Doab (FIN)     10 October 2015

For everything you have mentioned: approach:


Employee's/Trade Union Leaders e.g. CITU/INTUC/AITUC/BMS etc.........Labor Law Consultant

and your counsels may opine to approach:


Inspector appointed under : (name of the state) Shops and Estbs Act, Payment of Wages Act

O/o Labor Commissioner

and file criminal complaint u/s 406,420

winding up petition 



atul   06 February 2016


My last company have given me some alligation when an employee have left the organization. I give my justification on those allegations on the same day, but when the director & HR(both are Husband and Wife) are trying to make me presurize to accept those alligations, i have resiged from the organization and asked to serve my notice period, but they told me they will let me know in 2 days. I called them after 2 days but they dodn't pick my call, then I droped a mail of resignation with the details of my notice period with dates. after that they have mailed me that the resignation date was my last day with the company. After some days they called me 2 times on different dates for some issue of client discussion, which is facing by the team of the company. I gone company helped them out and asked again for my releaving letter and FNF. they told me it will happen after 45 days. When asked for handover, they didn't give me proper answer. after many reminders on mail they told me that I will share the hanover plan, which I have shared with them. but ater that no response neither on mail nor on call. when i ahve forced may times and called by other number they are mailing me documents are missing and other things.

I have also mailed me what document is missing please tell me, I will complete or share the information with the team which they require for that. Many times I called Director and HR. many times they are not picking calls.

Now my resignation have more than 45 days, but they are neither giving my releiveing letter as well as FNF amount. this amount is also good because they have always giving salary very late.

Please suggest me what can I do.


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