Job fraud
1 week ago
I have pay to 2L for one person for job then the person have given offer letter i have work for 5 month but they dont pay any of salary after 5 month they told that from now onwards we are providing work from home for each and every one later they have remove office and they don't information us also and now they are telling the date but not giving the money so please help me
A.Dear sir,
First of all getting job through brokers is illegal. As such you have no rights over the broker. If you have appointing letter then solve your problem by approaching following authourity.
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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.]
If you find yourself victimized by a fraudulent company promising fake employment, costing you Rs.2 lakhs, take the following steps:
1) Serve a legal notice to the company using the offer letter and relevant documents as evidence, and lodge an FIR at the local police station for cheating under Section 415 of the IPC.
2) If the initial steps fail, consider filing a criminal suit against the company and its directors in the court of a Judicial Magistrate for appropriate relief.
3) If you qualify as a "workman" under Section 2(s) of the Industrial Dispute Act, 1947, file a complaint with the State Labour Commissioner for resolution.
4) Alternatively, file an application under Section 33C(2) of the ID Act before the State Labour Court to claim your dues from the company. If necessary, pursue civil and criminal suits against the fraudulent company for suitable redress.
It appears from the query, that you are trapped by a fraudster company by alluring with fake employment that costs you a sum of Rs.2 lakhs. When you are in receipt of an offer letter issued by the company and other relevant documents that identify their address or contact numbers that support your claim, you can serve a legal notice to them and lodge an FIR against the company and the persons involved in the criminal offense of cheating under Sec.415 of IPC and fraud at the local Police Station. If this step does not yield any result then consider filing a criminal suit against the Company and its directors involved in the scam in the court of Judicial Magistrate seeking appropriate relief in the matter. However, in case you are a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947, then serving a legal notice, you can file a complaint before the concerned State Labour Commissioner for redressal of your grievance. In addition, you can file an application under Sec.33C(2) of the ID Act before the State Laour Court claiming your dues from the company, otherwise, you have to file a civil suit and criminal suit against the fraud company for appropriate relief in the matter. Reach out to an Advocate for guidance and steps.
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