Issue legal notice, still not paid. Approach labor commissioner.
My employer decided to terminate me. As per my employment letter I am entitled to receive 3 months notice pay or notice period.in case of seperation from the company.Since company did not allow me to serve the notice period, they should have paid me the salary.They have since not paid me and do not intend to pay me. What legal course of action can I take for the same?
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Firstly, you will have to serve legal notice on your employer asking him to pay 3 month salary along with interest within 15 days of receipt of the said notice.
If they fail to do so you will have to file a suit for recovery in civil Court against them.
Simultaneously, complaint can also be given to the labour commissioner against employer.
issue legal notice to company to pay your dues
2) if company refuses to pay you can sue the company to pay your dues with interest
What should be constituted in the legal notice? to whom should it be addressed and what supporting documents should be attached? Should I simultaneously also notify labor commissioner? The company in question is a PVT LTD company registered in Ahmadabad and has a Swiss partner in the investor/director team.
You will have to hire an advocate to draft the legal notice to be sent to your employer on your behalf.
A complaint can be given to the labour commissioner simultaneously.
Nothing will attach, just mention facts of matter and clause which entitles you 3 months advance payment in case of immediate termination. It will address to company and your OIC- officer in charge and complain to about commissioner too.
In legal notice draw attention to terms of appointment letter
2) that in event of termination you are entitled to 3 months notice period or salary in lieu of notice period
3) that no such payment was made to you . No need to enclose documents to legal notice
4) if employer refuses to pay then sue the ex employer to recover the dues
You can file a complaint before dy labour commissioner after sending a notice to employer. If resolved then it's good else you need to go before labour court
Send a legal notice to the company and if they do not do the same after the notice also then file a case against the company before the Labor Court.
Regards
You can file a case for your unpaid salary, as per law. If the employer harrasing you, you can lodge a complaint WTC., you can file your financial dues in labour court get your legal dues. Consult local advocate and file a suit.
No need of any notice , you can file directly an application u/s 33 C 2 of ID ACT for the recovery of money due towards the employer.
If you confirm this rule of the company then you may send a legal notice invoking this clause and demand your salary that is due to you because of this termination of employment.
Let them give a reply denying the salary arrears and the dues to you, after which you can proceed legally to recover the same as per law.