• Unpaid salaries and gratuity from previous employer

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
Asked 18 days ago in Labour

3 answers received in 10 minutes.

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29 Answers

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.

Shubham Jhajharia
Advocate, Ahmedabad
25202 Answers
105 Consultations

5.0 on 5.0

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.

Ajay Sethi
Advocate, Mumbai
76975 Answers
4621 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
20144 Answers
28 Consultations

4.5 on 5.0

You can make complaint to the Labor Registrar of the company of your city or Head office city.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

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.

Shashidhar S. Sastry
Advocate, Bangalore
2914 Answers
167 Consultations

5.0 on 5.0

Send them legal notice if not complied file a case in the Labour court.

Swarupananda Neogi
Advocate, Kolkata
2251 Answers
4 Consultations

4.7 on 5.0

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. 

Ganesh Singh
Advocate, NEW DELHI
5435 Answers
10 Consultations

4.5 on 5.0

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. 

Ramesh Pandey
Advocate, Mumbai
1303 Answers
5 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

File a complaint under Payment of Gratuity Act 

Rahul Jatain
Advocate, Rohtak
4044 Answers
4 Consultations

4.9 on 5.0

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 . 

Mohammed Mujeeb
Advocate, Hyderabad
17332 Answers
11 Consultations

4.5 on 5.0

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.

Koshal Kumar Vatsa
Advocate, Gurgaon
2071 Answers
1 Consultation

5.0 on 5.0

 - 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. 

Mohammed Shahzad
Advocate, Delhi
4179 Answers
43 Consultations

5.0 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
9322 Answers
3 Consultations

5.0 on 5.0

Legal fees vary depending upon lawyer engaged by you 

 

number of lawyers on this website from Bangalore 

 

contact any of them 

Ajay Sethi
Advocate, Mumbai
76975 Answers
4621 Consultations

5.0 on 5.0

Single application for both relief. 

Ramesh Pandey
Advocate, Mumbai
1303 Answers
5 Consultations

5.0 on 5.0

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.

Shashidhar S. Sastry
Advocate, Bangalore
2914 Answers
167 Consultations

5.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
17332 Answers
11 Consultations

4.5 on 5.0

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25202 Answers
105 Consultations

5.0 on 5.0

It's better to file 2 different petitions

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
4179 Answers
43 Consultations

5.0 on 5.0

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. 

Mohit Kapoor
Advocate, Rohtak
9322 Answers
3 Consultations

5.0 on 5.0

Go for Petition under Payment of Gratuity Act 

Rahul Jatain
Advocate, Rohtak
4044 Answers
4 Consultations

4.9 on 5.0

No need of any notice as the matter is related to the dues not from the service, so file immediately.

Koshal Kumar Vatsa
Advocate, Gurgaon
2071 Answers
1 Consultation

5.0 on 5.0

Single petition because requested reliefs are from single employer. Expanses will be lawyer fees.

Yogendra Singh Rajawat
Advocate, Jaipur
20144 Answers
28 Consultations

4.5 on 5.0

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.  

Ganesh Singh
Advocate, NEW DELHI
5435 Answers
10 Consultations

4.5 on 5.0

It depends on the lawyer who will handle the case.

Swarupananda Neogi
Advocate, Kolkata
2251 Answers
4 Consultations

4.7 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

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 

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

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