my shift allowance did not get
8 months ago
Everyone gets shift allowance except me in my teams. I asked my Team Leader he ask me to talk to manager, Manager said ask to Team Leader. I raise concern to HR, TL replied my performance is low that why we didn't give you shift allowance. My Manager gave rude reply "Request to stop unnecessary discussions and arguments and dont waste others time which is very precious". what to do now? Shift allowance is not relate to performance I per my understanding.
Please follow the below mentioned steps to get recourse.
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, is 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.
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.
If the payment of shift allowance does not depend upon your performance as per the offer letter or your contract of employment, then the management cannot deny or withhold the same outrightly which is amounted to unfair labour practice on the part of the employer/Company. To resolve such a discriminatory action and unfair labor practice, you need to file a complaint against the management before the concerned Labour commissioner, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act failing which you can 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 serving a legal notice to the employer. In case you need any legal assistance in this regard, you may contact our legal team with relevant papers.
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.]
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