File case against employer
9 months ago
How and where to file case against employer for non settlement of Full and Final payment after release from private limited company? I am in managerial position.
A.Dear Client,
When you are holding the position of Manager of the Company, you cannot be treated as a workman as defined u/s.2(s) of the Industrial Dispute Act, 1947, and accordingly, you cannot seek the remedies available to a workman under the Act. In your case, you have to approach a Civil Court for recovery of Full and Final Settlement dues from the Company. Reach out to an Advocate for guidance and steps.
When you are holding the position of Manager of the Company, you cannot be treated as a workman as defined u/s.2(s) of the Industrial Dispute Act, 1947, and accordingly, you cannot seek the remedies available to a workman under the Act. In your case, you have to approach a Civil Court for recovery of Full and Final Settlement dues from the Company. Reach out to an Advocate for guidance and steps.
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Anonymous
Replied 9 months ago
Shall I go for online advise from Advocate? Or take help of Advocate from Civil Court.
A.Dear client,
You can follow the below steps:
1. Approach the Labour Commissioner: 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.
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.
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.
You can follow the below steps:
1. Approach the Labour Commissioner: 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.
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.
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.
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