• Employer has not paid full settlement amount

Hi Sir,
My mother work for Garment company, she work total for 6yrs and resign in the month Oct 2014, when ever my mother go ask for the settlement amount they give date at last they give 10000 Rs to my mother and tell that they can give this much only. now mother received the amount because she need badly, they tried take signature on empty voucher but my mother told to write the amount then only I will sign, so the updated the amount and my mother sign on its, my mother should get 26 day leave encashment, Gratuity, OT amount of 2500, one year PF amount (they deduct the PF from my mother salary ever till her last working day, we came to know that company has not paid the amount to PF department from last one year when approach the PF department they told that in her PF withdrawal from they last working day was 11 Oct 2013, but my mother worked till 31 Oct 2014.
can any one guide us.
Asked 3 years ago in Labour from Bangalore, Karnataka
1. Let your mother file a police complaint against the employer for cheating her,

2. She can then file a complaint case before the local labour commissioner against the said Company,

3. She can also file a complaint before the PF Commissioner showing evidence that she worked with the Company till 30.10.2014.
Krishna Kishore Ganguly
Advocate, Kolkata
18730 Answers
452 Consultations

5.0 on 5.0

1. Inform the PF office of the discrepancy shown as 11th Oct 2013 as her last working day in PF office records, instead of 31st Oct 2014 till the last day -she actually worked.
2. If the management refuses to give her legitimate due amount for 26 days leave encashment, gratuity, overtime amount, complain the same to the Labour Commissioner.
3. Before that send a legal notice to the employer to comply with the above.
4. Take remedy by filing a case against the employer in the labour court.
Shashidhar S. Sastry
Advocate, Bangalore
1647 Answers
109 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer