Umakanthan53
Labour Law & Hr Consultant

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I got lay Off from my company on December 1 because the company had no business in my area, But my salary has not yet received.
The HR department is not replying my email or attending calls, I am from Thiruvananthapuram district in Kerala state and Our company is located in Mumbai.
I worked as a Field executive in Thiruvananthapuram District. This company is a BSE listed Public limited firm (XXX Management Ltd.) under Mumbai Jurisdiction.
Please suggest me what should I do for recovering my salary.

From India, Thrissur
Dear Santhosh,
I would like to suggest that in Indian context, the interchangeable use of the term " lay-off " with the term "termination of employment" can be avoided as the term " lay off " has an entirely different meaning under the Industrial Disputes Act,1947. Though both the terms denote a situation of unemployment at the behest of the employer, their connotations are different. " Lay off " signifies the temporary unemployment of labor caused by the employer due to his inability to give work on account of certain specified reasons while the contract of employment is still in subsistence. On the contrary, "termination of employment" would refer to the cessation of the contract of employment by any act of the employer like retrenchment, discharge and dismissal.
Coming to your query,
(1) You can raise an industrial dispute u/s 2-A(1) of the ID Act,1947 before the Labor Officer or Deputy Commissioner of Labor, Trivandram against your management. If the management responds you can negotiate a full and final settlement in lieu of employment and get back all your monetary dues or move the Labor Court after getting a conciliation failure cerificate.
OR
(2) If your only concern is your unpaid salary, you can file a claim u/s 33C(1) of the ID Act with the Secretary to Govt, Labor Department, Govt of Kerala for the recovery of the money due.

From India, Salem
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