The firm terminated me due to the lockdown and didn't provide my final settlement money. I complained to the labor department, and the case is ongoing. The firm claims it is not going to pay, even though the department stated it is my right. The department gave the firm two weeks to reconsider, even though the firm is clearly not interested. What should I do if the firm still refuses to pay? Will the labor department enforce the law to ensure I receive my money, or will it just leave the case unresolved, stating the settlement is not reached? What should be my approach, considering I worked for 37 years in the firm?
From India, Bengaluru
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1From India, Bengaluru
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It would have been better had you stated the type of the firm, like a factory, shop, or other kind of establishment, and the position of your employment, such as workman, clerk, supervisor, or manager. Besides, the action of the labor officer, in the face of the employer's non-cooperation for any kind of settlement, depends on the type of your complaint; i.e., if it is a mere complaint for terminal benefits, you would be advised to approach the appropriate forum for recovery.
Dispute Against Termination
If it is a dispute against your termination and if you were a workman, you would be given a conciliation failure certificate with which you have to file a further dispute for adjudication before the Labor Court for the area.
Final Settlement of Terminal Benefits
If you want only the final settlement of your terminal benefits, the forum for recovery of gratuity, if applicable, is the Controlling Authority under the Payment of Gratuity Act, 1972, who would normally be an Asst. Commissioner of Labor. For other dues like leave encashment, pending salary, etc., you should file an application under section 33-C(2) of the ID Act, 1947, in the Labor Court.
Non-Workman Employees
In case you were not a workman, you have to institute a Civil Suit for recovery of all dues other than statutory gratuity.
From India, Salem
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Dispute Against Termination
If it is a dispute against your termination and if you were a workman, you would be given a conciliation failure certificate with which you have to file a further dispute for adjudication before the Labor Court for the area.
Final Settlement of Terminal Benefits
If you want only the final settlement of your terminal benefits, the forum for recovery of gratuity, if applicable, is the Controlling Authority under the Payment of Gratuity Act, 1972, who would normally be an Asst. Commissioner of Labor. For other dues like leave encashment, pending salary, etc., you should file an application under section 33-C(2) of the ID Act, 1947, in the Labor Court.
Non-Workman Employees
In case you were not a workman, you have to institute a Civil Suit for recovery of all dues other than statutory gratuity.
From India, Salem
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Typo: Worked 7 years (not 37)
It is a Kirana shop. I worked as a watchman cum peon with a salary of 8000/-. No problem with termination, but I want my settlement money. All wages have been paid. However, I did not receive any leave encashment or similar benefits.
What should I do if the firm does not attend the next meeting at the Labour office?
What should I do if the firm does not attend the next meeting at the Labour office?
From India, Bengaluru
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It is a Kirana shop. I worked as a watchman cum peon with a salary of 8000/-. No problem with termination, but I want my settlement money. All wages have been paid. However, I did not receive any leave encashment or similar benefits.
What should I do if the firm does not attend the next meeting at the Labour office?
What should I do if the firm does not attend the next meeting at the Labour office?
From India, Bengaluru
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Typo: Worked 7 years (not 37).
It is a Kirana shop in Guntur. I worked as a watchman cum peon with a salary of 8000/-. I have no issue with the termination, but I am concerned about receiving my settlement money. All wages have been paid, but I have not received any leave encashment or similar benefits.
What should I do if the firm does not attend the next meeting at the Labor office?
Additionally, I believe that I am not receiving the minimum wages as per the law. Should I file a complaint about this as well? Would it be beneficial to do so? What steps should I take if the Kirana shop owner does not provide the minimum wage?
From India, Bengaluru
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It is a Kirana shop in Guntur. I worked as a watchman cum peon with a salary of 8000/-. I have no issue with the termination, but I am concerned about receiving my settlement money. All wages have been paid, but I have not received any leave encashment or similar benefits.
What should I do if the firm does not attend the next meeting at the Labor office?
Additionally, I believe that I am not receiving the minimum wages as per the law. Should I file a complaint about this as well? Would it be beneficial to do so? What steps should I take if the Kirana shop owner does not provide the minimum wage?
From India, Bengaluru
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Minimum Wage of UP & UK.pdf