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
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.
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
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
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.]