1. See for gratuity you may file before the Gratuity Inspector claiming gratuity and interest for the delay.
Further for salary dues you may file a summary suit before the court for recovery of the amount along interest for delay.
I was employed with an Indian company dealing with molecular diagnostics in Bangalore for more than 5 years. I had resigned in January 2019, after serving required notice period. The company is yet to pay my salaries for about 5 months. Since I have worked for more than 5 years, I am also eligible for gratuity. However, in spite of sending emails to directors, I have received no response. In fact, I have been deducted TDS by the organisation, without actually being paid for it. The form 16, signed by the MD, has the details. I have supporting pay slips and bank account details for salary payment history - with amount & date. The financial health of the company is not bad either, they are one of the designated labs for Covid testing in Bangalore, and are testing thousands of samples. The company has a history of ignoring legal notices and not to settling dues, unless forced to act otherwise. Please suggest my course of action. I have an ex colleague of mine, with the same situation. Dipanjan Chakraborty
1. See for gratuity you may file before the Gratuity Inspector claiming gratuity and interest for the delay.
Further for salary dues you may file a summary suit before the court for recovery of the amount along interest for delay.
File summary suit under order XXXVII of code of ciivl procedure to recover your dues with interest
2) before filing suit issue legal notice to company to pay your outstanding dues with interest
3) if company inspite of notice refuses to pay you can file claim before the Controlling Authority under the Payment of Gratuity Act within the area, your employer's establishment is situated or where you were working at the time of termination.
For gratuity submit an application under sub-rule (1) of Rule 7 of Payment of Gratuity (Central) Rules to employer and if refused or not entertain than send legal notice and than after file petition before labor commissioner.
1. Send a legal notice to the Competent Authority/HR to pay your unpaid salaries and gratuity amount.
2. If nothing positive comes out, file a case against the Company in the Labour Commissioner's court and settle your matter.
Dear Sir,
You are suggested to serve the legal notice and then file the case in the labour court separately for the dues of salary and gratuity.
Legal notice is must prior to take action against your employer.
Please issue legal notice demanding your statutory dues within three week failing which legal action.
You need go first send a detailed notice to them through lawyer. Later you need to file appropriate proceedings before dy labour commissioner office or labour court depending on facts of the case
If you have been denied gratuity payment by your employer, you can file a complaint under Section 8 of the act, against the company. The controlling authority, on hearing both sides, if satisfied with the employee's stance, can direct the employer to pay the gratuity .
Your amount is due and duly calculated so file application for gratuity before the competent authority and for salary before the Labour Court for recovery of money due immediately.
- As per rule. an employee is eligible to receive gratuity, only if he has completed minimum five years of service with an establishment.
- Further , as per Madras High Court, the gratuity of an employee who completes 4 years and 240 days of service is eligible for gratuity.
- Further, Section 4(2) of the Payment of Gratuity Act provides that for every completed year of service in excess of six months, the employer shall pay gratuity to an employee for the whole year. That means if an employee works in the establishment for more than 6 months in a year, he shall be eligible to get gratuity , if the employee has had continuous service of 190 / 240 days.
- Further, as per section 7(3A) of the Payment of Gratuity Act , an employee is eligible to get interest at the rates notified by the government , if there is delay of payment is more than 30 days from the date it becomes payable.
- Since, you have already work more than 5 years , hence you are eligible to get gratuity , and the company cannot refuse for the same.
- You should issue a legal notice to the said company, and if no response then file a complaint before the Assistant Labour Commissioner , Bangalore.
1. You should engage an advocate and send a legal notice to your employer for claiming the pending salary And gratuity amount along with interest.
2. If they refuse to pay the money or ignore the legal notice then file suit against employer for recovery of dues and gratuity amount.
Thanks for suggestions. As I understand, the process would be to initiate a legal notice first. If there is no response, file a suit with labour commissioner. For both unpaid salary & gratuity, will it be a single petition or 2 individual petitions? Starting from sending a legal notice, and then file petition/s, what is the expense involved? Anyone from Bangalore willing to help me in this regard?
Legal fees vary depending upon lawyer engaged by you
number of lawyers on this website from Bangalore
contact any of them
1. It will be separate applications for unpaid salary and gratuity, i.e., two different applications.
2. I can help you in sending the Legal Notice, as well as filing a suit in the jurisdictional Labour Commissioner's court.
3. You can schedule a Phone Consultation with me through Kanoon.com, so that the fees for the process can be discussed.
Fees depends on the lawyer's expertise and experience.
Fees are not uniform or standardised in legal profession.
there are number of lawyers in this website from banglore having good ratings . you can check their profile on the website, Contact through the website for further assistance.
There shall be separate petitions, further, the cost shall be as per the lawyer you engage, you may engage a local lawyer from your city.
- As per the Act, payment of gratuity is a statutory requirement. In case an employer fails to pay a gratuity amount to an employee, he will be punished , of imprisonment for a term which shall not be less than six months but which may extend to two years for employers failing to make gratuity payment.
- Yes , you for both salary & gratuity through a single petition possible.
- Expense depend upon the lawyer to whom you engaged.
You can file single suit for recovery of pending salary And gratuity amount.
Expenses involved will depend on the amount to be recovered and advocate you engage for the case.
No need of any notice as the matter is related to the dues not from the service, so file immediately.
Dear Sir,
There will be 02 separate petition, one for the unpaid salary and other for the gratuity. The expenses will depend on the advocate engaged by you. It is further suggested that this is not the right forum for asking an advocate directly to help you. You may go to "Talk to a Lawyer" or "Hire a lawyer" of Kanoon.com. It is intimated that it is not the solicitation of any kind, rather the information regarding the process.
You first issue a legal demand notice demanding your dues based on the documentary evidences in your possession.
Let the company respond ot ignore your legal notice, dont worry that will not absolve them from their liability.
Make sure you send a legal notice through your lawyer and not through your personal emails as earlier.
After that you can resort to proper legal action as per law for recovery of your dues with interest through court.
The expenses, lawyer's fee for serving legal notices, for processing the recovery suit and other formalities can be herd from a lawyer who you may try to engage for this purpose.
For recovery of gratuity dues, you may have to approach the commissioner for gratuity payments, for other terminal dues the labor commissioner.
You can choose a advocate of your choice from this forum or from the local