Salary deduction - salary is being cut for 2 months Salary deduction - salary is being cut for 2 months

9 months ago

My salary is being cut for 2 months, my incentive is being held or I am mentally touched, my gratuity amount is not being given. What should I do please tell

Legal Counsel Vidhikarya

Responded 9 months ago

View All Answers
A.Dear Client,
Your query requires more details to respond properly. However, it may be noted that an employee in an establishment is governed by his offer letter or contract of employment. Any breach of condition of the contract of employment from either side makes liable or responsible to each other to face the consequences for breach of contract. In the prevailing situation, having so many grievances against your employer, you need to file a complaint before the concerned Labour Commissioner who is also controlling authority under P G Act, 1972 for redressal of your grievance including non-payment of gratuity despite of your eligibility failing which you are required to file an application under Sec.33C(2) of the I D Act before the concerned Labour Court claiming the entire unpaid dues from the employer. In case you need any legal assistance in the matter you may contact our legal team along with the relevant papers/information.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

View All Answers
A.Dear client,
This is illegal and wrong. Please send them a legal notice. If that doesn't work out, please approach The Office of the Commissioner of Labour dealt with under Section 12 in The Industrial Disputes Act, 1947
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Simi Paul

Responded 9 months ago

View All Answers
A.Hi client,

If their is no fault on your side and the company chose to do suc things against you, then it is wrong. Send a legal notice immediately.

Thanks and Regards
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 9 months ago

View All Answers

A.Dear Sir,

Please approach the following authority or similar authority in a state


The Office Commissioner of Labour

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.]

Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconForcefull overtime on weekends with Half day salary
Dear Sir Please approach the following authority or similar authority in a state The Office Commissioner of Labour Karmika Bhavan, Dairy Circle, Bannerghatta Road, Bangalore-29. 080-29753078 labou...
question iconObc ncl
Dear Sir, You are not eligible for OBC NCL since your father’s income is more than Rs.8,00,000/- per annum.
question iconPf overlaping issue
Dear Sir, PF PROVIDENT FUND How to solve the two UAN problem? Note that each person should have only one UAN number (like PAN), hence if you have multiple UAN, it’s not allowed and creates problem...
question iconPf exit date noy done by employer
Dear Client, Firstly you have breached the contract of employer and employee hence once the due process of resignation is followed only then you would be eligible for the PF. Please get back with you...
question iconEmployer replied to my BGV as "Absconded candidate"
Dear Sir Please approach the following authority or similar authority in a state The Office Commissioner of Labour Karmika Bhavan, Dairy Circle, Bannerghatta Road, Bangalore-29. 080-29753078 labou...