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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From India, Mumbai
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Dear Sachin,
There is no mention about the nature of the job you resigned from, i.e., workman, supervisory, or managerial.
Regarding gratuity, 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 Payment of Gratuity 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.
In relation to the last month's unpaid salary, if your salary does not exceed Rs. 24,000 per month, you can file a claim under Section 15(1) of the Payment of Wages Act, 1936, before the Deputy Labor Commissioner for the area where you last worked.
If you were a workman, alternatively, you can file a claim under Section 33-C(1) of the Industrial Disputes Act, 1947, to the Secretary of the State Government's Labor Department.
In the case of having had a managerial nature of job, you can institute a Civil Suit for breach of contract and claim damages.
From India, Salem
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6108There is no mention about the nature of the job you resigned from, i.e., workman, supervisory, or managerial.
Regarding gratuity, 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 Payment of Gratuity 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.
In relation to the last month's unpaid salary, if your salary does not exceed Rs. 24,000 per month, you can file a claim under Section 15(1) of the Payment of Wages Act, 1936, before the Deputy Labor Commissioner for the area where you last worked.
If you were a workman, alternatively, you can file a claim under Section 33-C(1) of the Industrial Disputes Act, 1947, to the Secretary of the State Government's Labor Department.
In the case of having had a managerial nature of job, you can institute a Civil Suit for breach of contract and claim damages.
From India, Salem
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Gratuity form I claim.pdf
FW Full and final settlement of all my dues including salary leave encashment Gratuity PF .zip