sachin-magare
Dear Sir/Madam, I given resigned to the company 31.05.2022 and I given 10 years to company but still company not given my last salary as well as my gratuity. Please guide what I do in next
From India, Mumbai
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Umakanthan53
Labour Law & Hr Consultant

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umakanthan53
5916

Dear Sachin,

There is no mention about the nature of the job you resigned i.e., workman or supervisory or managerial.
So far as gratuity is concerned you should file a claim for gratuity with interest for the period of default irrespective of the nature of the job before the Controlling Authority under the P.G Act for the area of your previous job location. The claim must be based on the sum of basic and D.A payable in the last month of your service.
Regarding the last month's salary unpaid, if your salary is not exceeding Rs.24000/= p.m, you can file a claim u/s 15(1) of the Payment of Wages Act, 1936 before the Deputy Labor Commissioner for the area where you worked last.
If you were a workman, alternatively, you can file a claim u/s 33-C(1) of the Industrial Disputes Act,1947 to the Secretary to the State Government 's Labor Department.
In yhe case of having been of managerial nature of job, you can institute a Civil Suit for breach of contract and claim damages.

From India, Salem
sachin-magare
Thanks sir, My job profile is account assistant in pvt ltd company
From India, Mumbai

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