Legal Notice - Employer was not paying my Incentive amount
9 months ago
I was working with my organization and everything was going well but my Employer was not paying my Incentive amount of Incentive was around Rs. 3 Lakh. I resigned from the Organization and did not served the notice period of 2 months. Now My employer has sent me the legal notice stating that either i have to serve notice period of 2 months or i have to pay them my salary for Two Months. Kindly advise if i can send them the Legal notice by a lawyer or shall go to Labour Court directly. as well they are running such an big organization with 500+ Employees PAN India and not giving the employee benifits which is PF & ESI.
A.Dear Client,
In the absence of a buyback exit policy in the contract of employment i.e, an offer letter, an employer cannot claim the salary for not seving the notice period by an employee on resignation which is amounted to unfair labour practice. In the prevailing situation, you need to serve a legal notice to your ex-company and file a complaint against the company before the concerned Labour Commissioner for unfair labour practice and for recovery of unpaid incentive you have to file an Application u/s.33C(2) of I D Act to the Labour Court in prescribed form claiming entire dues from your employer. For any kind of assistance you need for service of legal notice and for filing a complaint or application before the authority or Labour Court, you may contact our legal team for the purpose along with your all relevant papers.
In the absence of a buyback exit policy in the contract of employment i.e, an offer letter, an employer cannot claim the salary for not seving the notice period by an employee on resignation which is amounted to unfair labour practice. In the prevailing situation, you need to serve a legal notice to your ex-company and file a complaint against the company before the concerned Labour Commissioner for unfair labour practice and for recovery of unpaid incentive you have to file an Application u/s.33C(2) of I D Act to the Labour Court in prescribed form claiming entire dues from your employer. For any kind of assistance you need for service of legal notice and for filing a complaint or application before the authority or Labour Court, you may contact our legal team for the purpose along with your all relevant papers.
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A.Dear client,
Please file a legal notice to recover your incentive amount. If they don't respond within a specific time, then file a complaint before the labour commissioner
Please file a legal notice to recover your incentive amount. If they don't respond within a specific time, then file a complaint before the labour commissioner
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