Non payment of full slary for 1 month and 1 week Non payment of full slary for 1 month and 1 week

1 month ago

Hi , this is lakshmi . I worked in a company on a freelancing basis and company isnt allowing me to resign and kept my salary on hold . I need help in this regard. what is my right . In offers and terms document given to me is of 3 days notice and 7 days on the offer letter document . which i have served completely and informed prior to the company by sending an email stating effetive date . what is my right ?

Kishan Dutt Kalaskar

Responded 1 month ago

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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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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
On cessation of employment on the ground of resignation other than disciplinary action for proven misconduct, an employer cannot withhold the employee's F & F settlement dues which is amounted to unfair labour practices, So, in the prevailing situation, if you are a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947. then, serving a legal notice to your employer/company, file an application u/s.33C(2) of the Industrial Dispute Act before the concerned Labour Court claiming the entire dues receivable from the company, Or else an employee who belongs to the manager/supervisory category, then he has to pursue a civil suit before a Civil Court for redressal of his grievance.
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