Omniactive health technology ltd has paid less four month amount
7 months ago
Our supa plant is closed in Jan 23 to aug.23 . Company has given seven month settlement amount to all employees. I was relieved last in September 23. Company has given me only 3 months settlement compensation instead of 7 month.
A.Dear Client,
According to Sec.25FFA(1) of the Industrial Dispute Act, 1947 - An employer who intends to close down an undertaking shall serve, at least sixty days before the date on which the intended closure is to become effective, a notice, in the prescribed manner, on the appropriate Government stating clearly the reasons for the intended closure of the undertaking. Further, as per Sec.25FFF of the said Act, Sub-Sec.(1) Where an undertaking is closed down for any reason whatsoever, every workman who has been in continuous service for not less than one year in that undertaking immediately before such closure shall, subject to the provisions of sub-section (2), be entitled to notice and compensation in accordance with the provisions of section 25F as if the workman had been retrenched. As per Sec.25F of the Act, which prescribes conditions precedent to retrenchment of workmen.—No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until—(a) the workman has been given one month’s notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice; (b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay i.e, for every completed year of continuous service or any part thereof in excess of six months; and (c) notice in the prescribed manner is served on the appropriate Government. In view of the above provision of law, you are equally entitled to the same compensation as your co-workers have received from the employer towards retrenchment compensation. Such a discriminatory action in violation of a mandatory provision of relevant law will amount to unfair labour practice on the part of the employer. So, you need to file a complaint against your employer for discrimination and unfair trade practices before the concerned Labour Commissioner of State Govt. for redressal of your grievance. You can also file an application u/s.33C(2) of the I D Act before the Labour Court claiming dues lying unpaid towards retrenchment compensation from the employer.
According to Sec.25FFA(1) of the Industrial Dispute Act, 1947 - An employer who intends to close down an undertaking shall serve, at least sixty days before the date on which the intended closure is to become effective, a notice, in the prescribed manner, on the appropriate Government stating clearly the reasons for the intended closure of the undertaking. Further, as per Sec.25FFF of the said Act, Sub-Sec.(1) Where an undertaking is closed down for any reason whatsoever, every workman who has been in continuous service for not less than one year in that undertaking immediately before such closure shall, subject to the provisions of sub-section (2), be entitled to notice and compensation in accordance with the provisions of section 25F as if the workman had been retrenched. As per Sec.25F of the Act, which prescribes conditions precedent to retrenchment of workmen.—No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until—(a) the workman has been given one month’s notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice; (b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay i.e, for every completed year of continuous service or any part thereof in excess of six months; and (c) notice in the prescribed manner is served on the appropriate Government. In view of the above provision of law, you are equally entitled to the same compensation as your co-workers have received from the employer towards retrenchment compensation. Such a discriminatory action in violation of a mandatory provision of relevant law will amount to unfair labour practice on the part of the employer. So, you need to file a complaint against your employer for discrimination and unfair trade practices before the concerned Labour Commissioner of State Govt. for redressal of your grievance. You can also file an application u/s.33C(2) of the I D Act before the Labour Court claiming dues lying unpaid towards retrenchment compensation from the employer.
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A.Dear Client,
If your company has given you only 3 months of settlement compensation instead of the 7 months you believe you are entitled to, you should take the following steps to address the issue:
Review Your Employment Contract: Carefully review your employment contract, appointment letter, or any relevant documents you have with the company. These documents may outline the terms and conditions of your employment, including provisions related to severance or settlement payments.
Consult HR or Management: Contact your company's human resources department or management to seek clarification on the settlement amount. Explain your concerns and provide any evidence or documentation that supports your claim for a 7-month settlement.
Document All Communications: Keep a record of all communications with HR, management, or any other relevant parties regarding the settlement discrepancy. This includes emails, letters, or notes from meetings or discussions.
Request a Detailed Explanation: Ask your employer or HR for a detailed breakdown of how they calculated the settlement amount. Ensure they provide a clear explanation of why you received only 3 months instead of 7.
Seek Legal Advice: If your attempts to resolve the issue with your employer are unsuccessful, consider consulting with an employment attorney. They can review your case, assess your rights and legal options, and advise you on how to proceed.
Attempt Mediation or Negotiation: Sometimes, disputes can be resolved through mediation or negotiation. An attorney or mediator can facilitate discussions between you and your employer to reach a mutually acceptable resolution.
File a Legal Complaint: If all else fails and you believe you have a legitimate claim, you may consider filing a formal complaint or lawsuit to recover the unpaid settlement amount. Your attorney can guide you through this process.
It's essential to act promptly and gather all necessary documentation to support your case.
Thank you.
If your company has given you only 3 months of settlement compensation instead of the 7 months you believe you are entitled to, you should take the following steps to address the issue:
Review Your Employment Contract: Carefully review your employment contract, appointment letter, or any relevant documents you have with the company. These documents may outline the terms and conditions of your employment, including provisions related to severance or settlement payments.
Consult HR or Management: Contact your company's human resources department or management to seek clarification on the settlement amount. Explain your concerns and provide any evidence or documentation that supports your claim for a 7-month settlement.
Document All Communications: Keep a record of all communications with HR, management, or any other relevant parties regarding the settlement discrepancy. This includes emails, letters, or notes from meetings or discussions.
Request a Detailed Explanation: Ask your employer or HR for a detailed breakdown of how they calculated the settlement amount. Ensure they provide a clear explanation of why you received only 3 months instead of 7.
Seek Legal Advice: If your attempts to resolve the issue with your employer are unsuccessful, consider consulting with an employment attorney. They can review your case, assess your rights and legal options, and advise you on how to proceed.
Attempt Mediation or Negotiation: Sometimes, disputes can be resolved through mediation or negotiation. An attorney or mediator can facilitate discussions between you and your employer to reach a mutually acceptable resolution.
File a Legal Complaint: If all else fails and you believe you have a legitimate claim, you may consider filing a formal complaint or lawsuit to recover the unpaid settlement amount. Your attorney can guide you through this process.
It's essential to act promptly and gather all necessary documentation to support your case.
Thank you.
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A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
=======================================================================
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.]
*****
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
=======================================================================
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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