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shubneha
Hi,
This is Neha. I had been associated with XYZ company Ltd since Sep'2008 as Team leader and left organization in Feb 7th, 2013. I have also served a notice period of 15 days (though I asked for 1 month but after a brief discussion with my Manager, she waived off my notice period)
I do have the written confirmation of resignation acceptance but its been more than 5 months, they are not giving me my FnF.
So, can i go to the labor court for the same and if yes, what documents should i be needed.
Please advise me as soon as possible.
Best Regards,
Neha

From India, Noida
Madhu.T.K
4193

If you have been leading a 'team' with rights of either sanctioning their leaves, appraising their performance or initiating disciplinary action against them, you cannot move to Labour Court because the Labour Court is for settlement of disputes of workmen and not of supervisors and managers. If on the otherhand, if you were just designated as 'leader' without any supervisory authorities, then you can seek the help of dispute settlement authorities. Since the matter falls within the scope of Payment of Wages Act, I recommend that you should first file your representation with the Labour Officer. Let the Labour Officer call the company's person and decide the way of realising the dues. But before going legal, please write to the company and give a warning or just sound that you will be constrained to go legal if the settlement is not done within a week.
Madhu.T.K

From India, Kannur
shubneha
Thanks Madhu,
In my team, there was only 01 gal whose I was taking care of (excluding taking part of her appraisal, disciplinary actions and etc).
So, do you think i can now file a case against my company?
Thanks.
Neha

From India, Noida
Madhu.T.K
4193

If you were entrusted with the duty of at least sanctioning/ approving her leaves, then you would fall under supervisory cadre and if so, you cannot file a compliant or suite against your employer in Labour court. Certainly, you will have to file a civil suit in order to recover the dues from the company.
Madhu.T.K

From India, Kannur
saswatabanerjee
2383

How much is your salary ?
You have 15 days of salary pending.
Is there any other amount due ?
Did you give a written resignation ?
Did you get an acceptance ?
Do you have official acceptance of the waiver ?
Have you sent an official request for your money ?
What is the response did you get ?

From India, Mumbai
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