Bangalore. India.I was employed by a company for 10 months and terminated by giving a reason of underperformer. There was no payment of my salary component or other reimbursements. Then later on the salary itself was coming in delayed and without any information from the management. Which keeps mum or silent always and never replies to any of our grievances or queries by mail, phone or in person contact.
There is not settlement made till date even after 6 months.
This company has a very bad reputation for not paying their employees properly - which I had come to know offlate only.
They have this practice of deducting the Provident Fund and TDS taxes from the employees salaries and not deposit with the government nor pay the taxes to government. Now how do we make this company learn a lesson and settle my dues which are long pending. They had given me termination letter after I had raised this as an issue to have a good work environment or carry with my daily duties. Help me !
2007-12-26 03:47:39 · 7 answers · asked by silly m 1 in Politics & Government ➔ Law & Ethics
Its clear without any manner of doubt that your previous employer was acting highhandedly and unlawfully. Can there be a doubt as to what has to be done.
As many of our members have suggested you need to approach a Lawyer for seeking appropriate remedy, firstly starting with issuing a legal notice. Usually such issues are settled with the issuance of a legal notice and dont stretch to the extent of approaching the courts.
Coming to the evasion of the contributions of the employees and the tax deductions, it is incumbent upon you to bring this fact to the notice of the concerned authorities so as to enable them to act accordingly. This needs not much expense nor time.
I intend to add a few words for all of our members. I hope I am not misunderstood.
One of our member has suggested that if the amount of recovery or claim is less then one shouldn't be approaching the courts since it would be a waste of time and money. I prefer to disagree with this perception.
Taking the exampel of the instant case the member's employer is able to cheat and defraud its employees only because none of them have bothered to raise their vioces against the companies illegalities. Likewise if each citizen inculcates such an attitude then it wont be long when we travel back to the stone age.
The fact is that you have been robbed of your earnings, you have been exploited and you have faced lot of inconvenience. Is this not sufficient to sue a person and get your rights enforced.
You may have financial constraints in pursuing legal remedies. But with the Free Legal Services availabe from the State Legal Services Authotity I dont think one should be worrying about expenses. And as far as time is concerned I dont think you should be bothered about that issue either since you wont be personally pursuing the matter daily. And who said proceedings before our courts are taking years together. Gone are those days.
I hope you succeed in your efforts. Best of luck.
Mr.Member you claim to be a Lawyer. This is the least that is expected from you. Dont discourage people from following law.
2007-12-26 22:48:58 · answer #1 · answered by jaiswalhema 2 · 0⤊ 1⤋
Lodge a complaint with the Commissioner of Employees Provident Fund for Karnataka. Further, cause a legal notice issued to the company and if it elicits no response from them, you move the Labour Court, if you are a work man or a High Court invoking the writ jurisdiction.
2007-12-26 21:27:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You can not cash the check because checks are only good for a year (I think....Im pretty sure). The best thing to do would be to go to the employer, explain the situation and ask them to honor the check by writing you a new one. Technically they don't have to, but any descent person should understand and give you a break. I don't think that there is a way to force them to honor your check, unless you want to take them to small claims court. Doing so would probably be a bad idea though since it would initially just end up costing you more money.
2016-05-26 07:28:40 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Have you received any notice from the employer before termination ?. You can claim all the benefits where the company has not paid you after your termination by approaching civil court for recovery or approach Labour Court if you are a worker defined under I.d.Act. First of all you send a legal notice through a lawyer by explaining their inhuman attitude towards you..
2007-12-26 14:07:27 · answer #4 · answered by Raghu R 2 · 0⤊ 0⤋
Firstly you have not mentioned the status of this Company, whether this is purely an Indian Company or Multi-National Company? Secondly the amount of balance that has to be settled with this Company. Thirdly what all you have done till now with regard to written notice to the Company for the settlement of the balance amount legally due to you under the contract of employment with this Company. Any how I agree with Raghu that you should first get services of a lawyer & serve them with a legal notice for delay of the settlement of the due amount to you & damages/interest on the said amount. In the mean time if you are deadly sure that this Company has been deducting Provident Fund & TDS taxes from its employees but not depositing these with the concerned authorities such as the Regional Provident Fund officer & the Income Tax Authorities as the case may be, then make a written Complaint to these authorities for this irregularity for taking legal action against this Company. In this manner you will be doing your duty as a citizen of this country & teaching this Company a lesson of their life. In case the amount due to you is not much then avoid taking this issue to civil or labor court where such issues get delayed for years together & amount of damages/interest paid is much less then you spent on such litigation. Try settling this issue out of court & by giving legal notice to them as suggested to you. I'm not discouraging you for following law of the land as my friend here state, but just informing you that such civil & labour matters take many years to settle, which means wasting money & time, but settle this issue amicably out of court. This advice which I give here is also given by Judges of even High Courts & even Supreme Courts to litigants to save them from such unnecessary litigations & increasing the loads of litigation in Indian courts. This member who is a lawyer as he stated in another question seems to be more bothered about the legal practice for other lawyers, for which he feels it is more important for every one to approach courts for each & every legal issue & engage lawyers for this, whereas I always suggest people to avoid litigation & settle all such issues out of court, if you still feel my suggestion here is wrong, then go ahead with litigation with this Company & waste your time & money.
2007-12-26 17:35:30 · answer #5 · answered by vijay m Indian Lawyer 7 · 1⤊ 0⤋
What are the laws of what country the business is licensed under? You need to start there and not Yahoo Answers for your question. This venue is international and the ratio of you finding the correct answer is astronomical.
2007-12-26 04:50:22 · answer #6 · answered by Alysen C 3 · 0⤊ 0⤋
I would advise you to seek the help of a labor attorney.
2007-12-26 03:55:34 · answer #7 · answered by crazyguyintx 4 · 0⤊ 0⤋