BhavnaGulati
Hi,
I have issues getting my dues clear form my ex-employer.
After having been reminded so many times , they are not able to clear my dues.
Can anyone help me with the legal process by which i can get it done.
Regards
Bhavna

From India, Bangalore
ukmitra
296

Well, Bhavan, since you have already decided to go legal, its just simple. Approach an advocate who will assist you in your legal proceeding to recover your dues. All the best Ukmitra
From Saudi Arabia, Riyadh
jeevarathnam
633

Hi Bhavna
If the due amount is less then just forget the option of legal process. Else before going to legal think is there any other option. you shall even visit the office and consult them. If you go legally then in might reflect negative impact on your career.

From India, Bangalore
bhawna_kathuria26
21

Dear Bhavna,
Have you ask them why they are not clearing your dues? What did they say?
First of all, try to understand their reason for non-clearing your dues. Is it genuine or not? If no, then you can opt for legal action, but make it sure that you have enough proofs/documents to prove your genuinity. Secondly, as per Jeevarathnam, if the amount is not very big then don't think about any legal action, otherwise it will not only effect you financially but in career also. Forget about salary party and try to release your pf/gratuity if applicable.

From India, New Delhi
ukmitra
296

Dear Members,

"Just A thought"

"Legal Action", is a remedy one opts when all other means have been exhausted. The fear that it will effect once career is a false fear. One surely has to be discrete about it till we get the judgment in our favor. Ofcourse, when we think legal, the advocate will surely proceed only when we give them consent before understanding the pros and cons, which will be explained during Advocate counseling. Legal remedy does not immediately startes with filing suit in court, it surely started with notice and negotiation with the company to see if we have a mediation way out.

One will note that it is precisely our internal fear and lengthily judicial system for any result on the case; the reason behind companies without fear flout the all rules and regulation to harass employees since they know, that employee with fear of their career and time, won't go legal.

USA in this matter, is an example, where the cases in court between employer and employee has a time limit and many case we hear millions of million in alimony the employee get through court or out of court settlement.

In India, we do hear, but that which we can count in fingers for decades.



Ukmitra

From Saudi Arabia, Riyadh
psrath.hr
7

Dear Bhavna,
what is your reason of separation?& what are the dues?
From career point of view its better to avoid legal/court cases as you unnecessary waste your time & money.Further,If your reason of separation is illegal as per labour laws or common laws,this is your right to file a case against your employer.
Parth

From India, Delhi
Arun Kumar Maitra
58

First of all,you serve a legal notice against your ex-employer threatening legal action, if your dues are not cleared within a specific time-limit say 15 days.Thereafter, you can think about filing a writ before the concerned High Court for recovery of you dues in consultation with a good local advocate.There are lot of favourable decisions of the court in this regard and attitude of the court is normally in favour of the aggrieved employee.Moreover , appropriate remedies are also available under the Labour Laws like making a complaint to the ALC & C.A. under the Payment of Gratuity Act etc.You can also make a complaint to the Govt. through its Public Grievance site.
From India, Delhi
callcenjobs
5

Hello Bhavna,
I have helped lots of people with their pending dues issues with their ex companies.
LEGAL HELP is the LAST resort.
Firstly you would have you give me your employment details.
no need of giving the company name.
just the dates of recruitment and your date or resigning / exit etc.
Also with gratuity, YOU DO NOT NEED A LAWYER.
i have been able to do it without a lawyer.
regards

From India
callcenjobs
5

Firstly Bhavna,
YOU DO NOT NEED ANY LAWYER.
I have helped lots of people and i am not a lawyer.
Firstly you need to send a registered letter to your ex-employer and get an acknowledgement for it.
Wait for around 30 days and send another reminder detailing your problem.
In case if you do not get a fair reply,
Do let me know the outcome.
I am sure they will reply.
again, YOU DO NOT NEED A LAWYER.
THAT IS THE LAST RESORT SINCE IT AVOIDS A LOT OF COMPLICATIONS IN THE FUTURE.

From India
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