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Ashish (CS & Compliance Officer)     19 September 2016

Non payment of employee dues

In case the employer refused or make substanbtial delay in paying Full and Final Dues  of outgoing employee then what are the legal remedy available to to the employee? He is not cover in the workmen definition (salary is more than Rs. 2 Lakhs PM).  



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 8 Replies

Kumar Doab (FIN)     19 September 2016

Salary,designation alone does not decide.

The employee may be covered by def. of 'Employee' as in Shops & Estbs Act.

Civil suit of recovery,damages,winding up peition,complaint u/s 406,420....................etc may be other recourse.

 

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(Guest)

Rightly said by Mr. Kumar

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Ashish (CS & Compliance Officer)     20 September 2016

Originally posted by : Kumar Doab
Salary,designation alone does not decide.

The employee may be covered by def. of 'Employee' as in Shops & Estbs Act.

Civil suit of recovery,damages,winding up peition,complaint u/s 406,420....................etc may be other recourse.

 


Thanks, one more thing which I missed while posting, the employment contratc says that matter related to the terms of employment and related disputes will be refferred to an Arbitrator who will be appointed solely by the company. 

Civil suit of recovery may take a longer period and company's generally use it as delay tactics, any faster options if I can have, is it fruitfull to approach Arbitration bench or someother bodies which gives quicker decision? 

 

Kumar Doab (FIN)     20 September 2016

You have signed by your free will.

You may prefer to engage a very able counsel specializing in labor/servcie matters with copies of all docs on record. 

 

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Ashish (CS & Compliance Officer)     20 September 2016

Originally posted by : Kumar Doab
You have signed by your free will.

You may prefer to engage a very able counsel specializing in labor/servcie matters with copies of all docs on record. 

 


One thing whether Aribtration have a limited time frame to give its award, 

Kumar Doab (FIN)     20 September 2016

You may prefer to engage a very able counsel specializing in labor/servcie matters with copies of all docs on record. 

Your counsel can also opine whether the issue at your hands can also be subjected to arbitration!

Sudhir Kumar, Advocate (Advocate)     20 September 2016

If you narrate facts then other experts could also p[asticiapte.

 

present query is in form of a questinpaper item.

Kumar Doab (FIN)     22 September 2016

If the querist is not interested then the thread may be deemed as resolved and closed.


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