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Nilesh Mahajan   30 May 2018

service law

Dear Experts.

I am an employee in one of the company upto 18.02.2013. 30.05.2018 i have given resignation letter to my company for 30 days notice. In the notice period i have cleared my handing over of work and completed my pending work also. In the period the management has requested and the notice period has extended to another 30days upto 2.07.2018.


My management now they are not releasing my salary, bonus etc., And also my company is partnership firm. for firm gratity is applicable or not pls confirm ,  for more than 6 years what benifits can get employee apart form salay, bonus, leave encashment.

If employeer is not responded for my request what steps i have to follow to get my settement.


Kindly help us.

Regards

Nilesh Mahajan


Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 May 2018

From gratuity to maternity leave, a list of six employee rights that are applicable to all employees in India.

The law in India has several provisions to safeguard the interests of employees.

Although there are no specific laws that govern private employment in India, this list of six rights are applicable to all employees in India.

Approach labour commissioner office and file a complaint there for getting your statutory benefits from the management. 

Pradipta Nath (Advocate)     31 May 2018

Please note that irrespective of the status of firm whether proprietorship or partnership if it serve the applicability provision of the Labour Laws it will have to follow, at least till the democracy is prevailing in India!!

Apart bonus, gratuity and release documents is your prerogative and nobody have any legal right to withheld that and exploit you. Please send a Legal Notice through an Advocate’s Letter head with an ultimatum to release your labour rights.

Also please appreciate if you are serious in your claim, also get prepare for the litigation even, if the employer do not act on the Advocate’s Notice as neither you nor your bosses could be the best person to judge on your rightful claims but it is only the Court of Law!


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