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Dear Senior Hr Friends
Please help to sort out the following HR query-
An employee is relieved from services in the month of october and his full and final cheque is not given to him even after 4 months----reason being funds problem. Now the employee is threatening to recover through legal proceedings. Hr has requested the Management to release the amount, but Management is not ready to pay anytnhing. Now HR is helpless.
Now Pls guide--
What is the remedy available to such employee in the court of law..
Can he also put HR people in the court of law or only the management will be liable?
Seniors Please guide by taking through legal things in mind.
will be obliged
Ashok

From India, Delhi
Dear All,
I am surprised and even shocked for not getting any response. I still believe that Most intellectual people are there on this site to help us (Junior level HR). I again request Seniors to share their intellect on HR queries and guide me on this problem.
Waiting for some thanksgiving response.
AShok

From India, Delhi
Dear Ashok,
If the workman/ employee is not given his legal dues then he can approach the Labour Office of the area by making a complaint. He can also file a claim before the Authority under the Payment of Wages Act,1936 for non payment of wages. For non payment of gratuity he is to file a claim before the Controlling Authority under Payment of Gratuity Act,1972. He can also approach the Labour Court for computation of outstanding legal dues. If he is entitle to get relief under these labour laws oterwise he can file a civil suit.
Regards,
R.N.Khola
Sr Associate
Skylark Associates, Gurgaon

From India, Delhi
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