Company fraud - started a business Company fraud - started a business

1 year ago

Sir i just started a business of it services and some company from Pune give me work for 850/- per day i worked 3 days and 1helf day. She said me the payment is done faftet 10 day's but still they not done my payment of amount 2850/- job done in 27th of August

Anik

Responded 1 year ago

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A.Dear client,
1. Approach the Labour Commissioner
The employee can approach the labour commissioner and convey the issue to the commissioner. It is advised that a copy of the legal notice sent to the employer, employment contract, a bank statement is attached to the complaint filed before the labour commissioner. The labour commissioner’s duty is to reconcile the differences between the employer and employee.

2. Approach the Labour Court
If the labour commissioner fails to provide a solution, then the employee can approach the labour court. This suit can be filed under the Industrial Disputes Act, 1947. However, this suit must be filed within 1 year from the date from which the salary is due. The Labour Court has to decide the case within 3 months.

Within a certain period without any extension, the Labour Court decides a timeline. The time frame is around three months, where the Presiding Officer of the certain Labour Court deems it expedient or necessary to do so. The Presiding Officer may for certain reasons in writing actually extend the time frame as he/she deems fit. The Labour Court will also look into the fact whether legal notice for pending payment of provident fund has been sent to the employer.

3. Approach the Civil Court
Employees holding executive or managerial posts can file a suit for non-payment of salary in a civil court, in accordance with the provisions of Civil Procedure Code, 1908. However, it is advised that this should not be the remedy sought by the employee in the first instance.
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Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
For that meagre amount you cannot fight legally. In future you must be very careful in your life while selecting your prospective employer.
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