Non payment of salaries
8 months ago
If the employer not giving the pending dues like salary, bonus, gratuity ...to the workers in private company.
How can employees file complain against employer and where????
A.Dear Client,
A company cannot withhold the salary or other dues on cessation of employment of an employee in the absence of any cogent and reasonable ground which amounted to victimization and unfair labour practice. So if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and illegal action, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you need to file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employe. And for payment of gratuity, you need to file an application before the concerned Labour Commissioner who is the Controlling Authority under the Payment of Gratuity Act, 1972 to try such an application and pass an order for payment of gratuity with interest for delay. In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal you may contact our legal team with the relevant papers.
A company cannot withhold the salary or other dues on cessation of employment of an employee in the absence of any cogent and reasonable ground which amounted to victimization and unfair labour practice. So if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and illegal action, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you need to file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employe. And for payment of gratuity, you need to file an application before the concerned Labour Commissioner who is the Controlling Authority under the Payment of Gratuity Act, 1972 to try such an application and pass an order for payment of gratuity with interest for delay. In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal you may contact our legal team with the relevant papers.
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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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