My office incentives and dues not paid
1 year ago
Respected sir
I am working in private garment firm since 2005 as a fashion Designer.
my boss promised me incentives on sales in 2010 saying "we would not increase your salary but would pay you incentives every year"..very cleverly he did not make this agreement on paper it was a mutual agreement...For 10 years i was surviving on the same salary and none of my incentives were paid ..at every financial yearend there would be arguments regarding the same .In 2020 there was lockdown and we were made to sit at home. Post lockdown i was allowed to come to office only for 11 days ..now the boss is saying we cant have you back at office and is not willing to pay my dues of 10 years incentives and 15 years service charges ( gratuity etc ) i was not sent any notice of my removal from office neither have i given any resignation letter to them..is it possible to avail my dues under such conditions.. please give me advice sir..
i am struggling for my genuine rights .
Regards.
Since the legal agreement on incentives is not there so there are less chances for get the incentives but about the gratuity it's your right to get it. As the employer must pay the entitled gratuity within 30 days after the officer directs the company to do so. If the company still fails to do so, legal action can be taken. In case, if the employer is found guilty, he can be jailed for 6 months to 2 years.
Anonymous
Replied 1 year ago
Thanks a lot for your help sir ...my salary was kept constant since 2010 .. though I don't have any papers related to incentive agreement..can I not prove it on some grounds.. incentive amount is high since it's for more than 10 years sir .. plz advice.
Regards
Please approach the following authority or similar authority in your state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Anonymous
Replied 1 year ago
Thanks a lot for your help sir ..i wd definitely follow your guidelines.
Regards
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