Windworld sufferer
Hi,
I was working with my past company for 8 years and due to the delay in Salary and their irregularity in payment and excess work pressure I left the job. I was working as AGM in Finance dept and post giving resignation i completed the NOTICE period to the fullest+few more days. I have left the company since 5 months but still they haven't given me any pending salary (6 months salary is pending) and also F&F. I have received releaving letter and F&F calculation + no dues certificate. The theoretical process is all done but payment not received.
Pls suggest what to do.... If need to go Legal then pls help with someone contact details who can help us in Mumbai.
We are in urgent need of money.... Plz help.
Regards

From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Kishorkulkarni
Law Practice
SHASHI PANDEY
Payroll Compensation
Parikshit Roy
Hr Manager
Pravin.k
Hr Officer
+1 Other

Pravin.k
4

Actually in your case gratuity is applicable...so maximum days to pay the F & F is month....
1 st request to the HR for payment in written..
launch a complaint to Asst. Commissioner Labour...with all doc. like..offer later..resign later..reliving later..no due certificate..last drawn salary slip..

From India, Kolhapur
Parikshit Roy
9

Hi
In my opinion, the best way is to approach the labour office. Carry all relevant documents with you and meet the labour commissioner.
Once a notice goes to the company from labour office, everything will fall in place.
All the best!!
Regards
Parikshit

From India, Gurgaon
kishorkulkarni
241

Approaching Labour Department will not help you any more.
For Gratuity, You will have to file Application in Labour Court.
Since you were working as AGM, you may not be able to avail recovery of six month's salary through either ID Act or PW Act. You may be out of coverage of these statutes.
Type of company you have not mentioned.
Only option to proceed against employer for recovery of due salary is-
1. If co-operative Society, in Co operative Court.
2. If private company, in Civil Court.
You will have to contact local Advocate for your cause.

From India, Kolhapur
SHASHI PANDEY
13

Dear all, without going through the contents some of our expert give their opinion which is harmful. I am agree with mr.kishore kulkarni , he is right in this issue. Shashi pandey
From India, Lucknow
PANKAJ SIBAL
17

Dear MR. Windworld Sufferer, In my opinion, kindly do not go by the advises of different people, instead go according to law applicable to the employee of your caliber / designation, since your are neither worker nor lower grade employee of the firm / company your worked. Your salary is also exceeding the limit of approaching the labour court and the Employer may not respond to the notices by the Asstt. Labour Commissioner. still you can try and side by side, serve the company with written notice thru either registered post or speed post to settle your account within fortnight. If the same fails, better some knowledgeable lawyer of your area and get issued legal notice and file money recovery suit in civil court at Mumbai are where the HO / Regd Office of the Company situated or where you have worked, since there will be issues of jurisdiction at later stage. Best of luck.
From India, New Delhi

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