How To File A Case Against Employer In Labor Court

Actually, my ex-employer is not providing the following items:
1. Last month's salary.
2. Form 16 (because my ex-employer did not pay the tax itself).
3. PF amount.

Can anyone send me the procedure to file a case in labor court?

Thanks,
Mahesh

Dear Mahesh,

Deal with your city labor law office and meet with the labor law officer who will guide you through the whole procedure. After that, you can file your case.

Regards,
Dev

Dear Mr. Mahesh,

If the employer has not paid your salary for more than 2 months, then he is entitled to get relief under the Payment of Wages Act, 1936. You can file a claim before the labor commissioner for non/delayed payments in all three cases above (as specified by you). You have to claim to ensure the case before the jurisdiction in the area where the employer is located.

Dear Mahesh,

First, confirm whether you fall within the definition of "workman" as given in the Industrial Disputes Act, 1948. Your query does not specify your designation nor your salary; these two factors count while deciding whether you are a "workman" or otherwise.

Do not approach the Labour Court directly; first, file a complaint in the Labour office, which will help/guide you.

Best of luck.

I have been working in a private limited company for the past 7.8 years. However, the company has terminated me without any notice or reason, and they are denying to pay my gratuity, bonus, and salary.

I would appreciate it if you could advise me on what actions I should take against my employer.

I am working in a private company, specifically a car showroom, where my role is that of a relationship manager. However, my primary responsibility is to sell Maruti premium cars (Maruti NEXA). Recently, my General Manager withheld my last month's salary and instructed me not to come to the office. Despite this, he has neither terminated my employment nor have I resigned. The company provided me with an Apple tablet, which I have not yet returned. I have informed the HR department that my salary should be released only after I have returned all company belongings. Additionally, I performed well last month.

I worked with Ms. Simon Shipping Pvt. Ltd. from 30th November to 31st August as a sales manager, classified as a C-grade employee. I left this company due to harassment; they forced me to work late nights until 9 o'clock, and the start time in the morning was 9:45. If I arrived a single minute late, they would deduct half of my day's salary. Ultimately, I decided to resign. After receiving a call from the director, Ms. Sheena, assuring me that such incidents would not occur again, I decided to continue with my job. Unfortunately, she failed to keep her commitment, and further harassment ensued. They are now refusing to release my last month's salary (August) and have ignored my requests for a relieving letter and my provident fund. Despite sending several emails, I have not received any response. Please advise me on how to recover my salary, provident fund, and relieving letter.

Thank you.

I'm Raghu, and I'm working for PRIVATE LIMITED as a sales manager in Karnataka for the LED TV division. I joined the company on 11/07/2016, and on 28/09/2016, the company shifted to the mobile business through mail confirmation. On 25/10/2016, they sent me a termination email stating that the LED business had been shut down, and they no longer required my services, giving me time until 31/10/2016. I requested one month's time or one month's salary as compensation, but the company disagreed and is now asking me to send a resignation email to HR. A month ago, the company moved me to the Mobile division, but the termination email states that I was removed from the LED division.

Request for Advice on Filing a Labor Complaint

I would like to request your advice on whether I can file a complaint with the labor commission. Please suggest as there are no openings anywhere.

Regards, Raghu

Dear Sir/Madam,

My first company has not released my Full and Final (FNF) amount, which includes my 1.5 months' salary, reimbursement amount, and 10 PL encashment. It has been more than 1.5 years, and I have been following up with them regularly, but I keep receiving promises with no results.

Kindly advise on how to proceed with filing a case against the employer for not paying my FNF. (Company location - Ghaziabad)

Regards,
Nidhi Sharma

Surely, you can file a case if you are a 'workman' as you have more options. However, before proceeding, details such as your nature of job, tenure of service, type of company with the number of employees, and specifics of outstanding salary including reimbursement, are required to be considered.

Hi guys. I was working in an office called Sai Associates, and I haven't received my salary for 3 months. If I ask for my salary, he is scolding me. How can I file a case against him? Please help me. I am not rich at all. Please help.

Demand the salary in writing and send it through registered mail with A/D post. Withholding salary is illegal and attracts penalties and interest.

Dear sirs,

I was terminated by our employer without any warning letter and was assigned non-performance. I have worked there as an HR Manager for more than 4 months. He is withholding my last month's payment. Can I lodge a complaint to the labour court? Please suggest and guide me on how to recover my legal dues.

Thanks,
Xx

Since your designation is HR manager, I assume that by the nature of your duties, you will not fall within the scope and ambit of 'workman' under the ID Act. Hence, you cannot approach the labor court/industrial tribunal.

I have resigned from my previous company, and after a month, they sent me a notice that I have to pay thrice my salary, which is around 1 Lac. My resignation has been accepted by the employer, yet they continue to send me notices for the money.

Terms and Conditions
I had signed an affidavit with my company, and the Terms and Conditions include a clause stating that we must serve a three-month notice period. However, they did not mention the notice period in my resignation, which they accepted. I have handed over my I-Card and all accessories.

Current Concern
My main concern now is that I want to resolve this situation as I am currently working in an MNC and do not want to risk losing my job.