Employemnt
3 weeks ago
I worked in pharmaceutical company as a district sales manager. i earned the gold coin of 10grm for the FY 2022-23 as a incentive for achieving the target. but till now i did not received my earned coin. Further the work culture is very toxic. If i resign will i be able to get my earned coin or any other legal action if i want to take. what to do?
Employees who receive rewards such as gold coins for commendable performance are entitled to claim them even if they resign, provided there are no specific disqualifications outlined. If the company refuses to release the reward and final settlement dues upon resignation, it constitutes unfair labor practices.
For non-managerial or supervisory staff, legal recourse involves serving a legal notice to the company and then filing a complaint with the Labor Commissioner's office for redressal. Additionally, an application can be filed under Sec.33C(2) of the Industrial Dispute Act before the Labor Court for dues recovery.
However, if the employee holds a managerial or administrative position, they must file a civil suit against the company in the Civil Court for appropriate relief.
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.]
*****
When you were rewarded by the Company with a gold coin for your laudable performance and contribution to the growth of the company, you are entitled to claim your reward from the company even if you plan to quit the company. If you tendered your resignation following the terms of employment, the company is duty-bound to release your rewarded gold coin and F & F settlement dues and if the company denies your claim that will be treated as unfair labour practices in the absence of any specific conditions that disqualify you from claiming your reward on the ground of resignation. So, in case of refusal by the company, 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 after serving a legal notice to the Company, reach out to the concerned Labour Commissioner office for filing a complaint against the Company to redress your grievance over alleged arbitrary and unfair labour practice. Additionally, you can file an application under Sec.33C(2) of the I D Act before the Labour Court for recovery of your dues from the employer. However, in case you belong to the position of a Manager or Administrative officer, then you have to file a civil suit against the Company in the Civil Court for appropriate relief in the matter. Feel free to contact our legal team if you need our expert service to navigate your legal issues in the right way.
Already Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Regarding obc NCL reservation
Contractual Employer deducting PF
Pf overlapped and now jobless
Employment advice
