Stephen_7
Senior Officer - Hr
Sfpreethi@gmail.com
It Recuriter
+1 Other

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I\'m working with an company named Ivy tech global Inc. Its an US staffing company (off shore). But legally registered in US firm, I dint get my salary for the month of April and quit the job in month of may , I sent a mail to the director asking to clear my salary else I would go to the labour court but I dint get any reply from his end. Kindly help me to take an action for this issues .
Thank you

From United States, Pasadena
You should not mention that you will go to labour court just like that in your 1st email to director, without understanding the legal procedures in Indian acts.

If your salary is more than Rs. 18000/-, you will not come under purview of payment of wages act. so, you have to go to labour court and file a case by having an advocate for you under industrial disputes act. which will be a costlier process. Just for one or two month salary, you may be forced to end up with legal battles. Mostly Indian acts will cover the low salaried employees.

So, best is for you to deal with your employer in soft mode to collect the dues ( collective bargaining). The continuous emails and phone calls may make them to pay your salary and get rid of you. If you have absconded without serving notice period, they may consider that salary to adjust in the notice period due and pay the remaining if anything available.

The emotional decisions will never benefit an employee. You should have availed a suggestion here before quitting a job which would be a wise decision.

More details of you could make us to give good suggestion. how many years you have been working, which location, employee strength in india, any office address they have in India, approx salary package, etc.,

From India, Chennai
I been working in this company from past 8 months at Hyderabad we have a office in ameerpet but the company I was work was an sister concern my salary was 18k/m and the reason I had to quit the job is I'm pregnant and the director was the one who suggested me so as I have waited for almost a month for my salary so taking up this step........
From United States, Pasadena
Request you to also let us know the procedure if the salary is below 18000 and the company doesn't do the full and final settlement.
Also in my company I've seen that they do not clear the employee's PF after he leaves. Just want to be on a safe side by knowing the procedures if they block the PF and salary after I leave.

From India, Delhi
1. If the salary is equal or below Rs. 18000/- you can approach deputy commissioner of labour towards the recovery of unpaid salary dues. The complaint should be attached with the last month pay slip and attendance record if any. They will call the both the parties for negotiation and close the issue. If the settlement is not arrived by collective bargaining, it will be referred to industrial tribunal, where they will send the order to employer to settle it with interest.

2. Once you have resigned, you have to send the filled form 19 and 10c, cancelled cheque leaf of passbook with self attested to the employer after completion of 60 days of last working day to claim your EPF. The employer should authorize it and submit it in the EPFO within 5 days of the date of submitting your form as per the act. If any employer have not followed it, You are always welcome to raise the grievance in the epfo portal towards the same. The action will be taken against the employer and the payment will be settled on priority basis.

From India, Chennai
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