Legal advice
3 weeks ago
I worked for a fitness centre for one month that claimed to be registered... I joined there as a trainer and this was only verbal.. no agreement or offer letter was provided... After joining as trainer, the started sales pressure...and expected me to do sales and calls... Since this was not that we spoke, I decided to quit the job and informed them about it... They agreed my resignation verbally.. however they are not willing to pay my salary.. first the asked me to come on 6th .. then they said after 5 days, now they are holding it until 20th saying that is the company rule... No where this was discussed earlier.. despite talking to the owner, they are holding back my salary for no valid reason.. how to proceed here..
A.Dear Client,
If you're classified as a workman under the Industrial Dispute Act and facing unfair labor practices, serve a legal notice to the company and file a complaint with the Labor Commissioner or Inspector of Shops and Establishment. You can also file an application under section 33C(2) of the Industrial Dispute Act at the Labor Court to claim dues upon resignation. However, if you hold a managerial or administrative position, you'd need to file a civil suit in the Civil Court for relief.
If you're classified as a workman under the Industrial Dispute Act and facing unfair labor practices, serve a legal notice to the company and file a complaint with the Labor Commissioner or Inspector of Shops and Establishment. You can also file an application under section 33C(2) of the Industrial Dispute Act at the Labor Court to claim dues upon resignation. However, if you hold a managerial or administrative position, you'd need to file a civil suit in the Civil Court for relief.
Helpful
Helpful
Share
A.Dear Client,
In the given scenario, 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 office of the concerned Labour Commissioner or the Inspector of Shops and Establishment to file a complaint against the Company over alleged unfair labour practices and file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer receivable to an employee on resignation. Otherwise, in case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter.
In the given scenario, 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 office of the concerned Labour Commissioner or the Inspector of Shops and Establishment to file a complaint against the Company over alleged unfair labour practices and file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer receivable to an employee on resignation. Otherwise, in case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court seeking appropriate relief in the matter.
Helpful
Helpful
Share
Read Related Answers
Already Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Dear Client,
Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then y...
Regarding obc NCL reservation
Dear Client,
There is a general reservation of 10% for the children of BSF officers in the BSF itself, but other general reservation quota depends on the institution.
Contractual Employer deducting PF
Dear Client,
the Industrial Disputes Act of 1947 defines layoff, it excludes employees in management or supervisory positions. The Act also states that an employee must be a 'workman' to be eligible...
Pf overlapped and now jobless
Dear Client,
Since your employment with the old company is based on contract for two months, you need to fulfill the said period and resign from the company by following the exit procedure. In case of...
Employment advice
Dear Client,
A manager cannot initiate the resignation process on behalf of the employee without the employee's consent. It is considered as a unethical practical and can have legal implications. You...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location