fraud in salary oayement
9 months ago
I was employed in a company X and had relocated to another state to work for them, they paid me for the first month but the second month they did not and i got to know they have not been paying employs since three months and had hide it while taking me in. when questioned they forced me to resign and now even after 45 days they are not responding to emails neither i have any update from them. What can i do.
A.Dear Client,
In the prevailing situation, your need to go through your offer letter that governs the relationship between an employee and employer. Breach of any condition of the offer letter or contract of employment by either party becomes liable to face legal consequences. An employer cannot force an employee to resign on the exercise of his legitimate right or can terminate or fire on whimsical grounds other than disciplinary action for proven misconduct. So in the prevailing situation, it may be suggested that 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 unfair labour practice, 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 employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. In case you need any legal assistance in this regard, you may contact our legal team for the purpose with relevant papers
In the prevailing situation, your need to go through your offer letter that governs the relationship between an employee and employer. Breach of any condition of the offer letter or contract of employment by either party becomes liable to face legal consequences. An employer cannot force an employee to resign on the exercise of his legitimate right or can terminate or fire on whimsical grounds other than disciplinary action for proven misconduct. So in the prevailing situation, it may be suggested that 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 unfair labour practice, 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 employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. In case you need any legal assistance in this regard, you may contact our legal team for the purpose with relevant papers
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Anonymous
Replied 9 months ago
Thank You so much for your response, May i know if there will be any charges that i will have to bare and if so how much it can cost me.
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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