The firm terminated me due to lockdown and didn't give my final settlement money. I complained to the labor department, and the case is ongoing. The firm says it is not going to give any money even though the department told it is my right. The department gave the firm two weeks to think about it when clearly the firm is not interested. What should I do if the firm still does not give me money? Will the labor department direct the firm under the law to give money, or will it just leave the case, stating the settlement is not reached? What should be my approach (I worked for 37 years in the firm)?
From India, Bengaluru
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1From India, Bengaluru
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Dear friend,
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. 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. 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. Commr of Labor. For other dues like leave encashment, pending salary, etc., you should file an application u/s 33-C(2) of the ID Act, 1947, in the Labor Court.
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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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. 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. 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. Commr of Labor. For other dues like leave encashment, pending salary, etc., you should file an application u/s 33-C(2) of the ID Act, 1947, in the Labor Court.
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?
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?
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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If the total number of employees is 10 or above as of now or at any time in the past, you are entitled to gratuity for the entire service based on your last drawn salary (basic + D.A). Claim it as I stated before.
From India, Salem
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From India, Salem
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Minimum Wage of UP & UK.pdf