• My employer has not settled my final settlement and terminated without proper reason

I have worked in a corporate company as a software engineer, They have not settled my full and final settlement , terminated with out proper reason. They have not settled my gift money as I implemented new AI , Machine Learning Application.
I am approaching for settlement that money through mail , they are not responding. they are threatening
with suspect people indirectly. 
That time my work location is Bangalore.
Asked 6 days ago in Labour

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13 Answers

Instead of communicating through email you may resort to making a proper representation in writing sent by registered post to the top management expressing your grievances and sorrows due to sudden and unjustified termination of the employment besides you can demand the settlement of  F&F and other dues from the company side which are yet to be settled. 

If you don't get a positive response or the company is not entertaining your claim you may resort to legal action by first issuing a legal notice demanding the your dues and also to reinstate you in the company.

After that you can decide to file a writ petition before high court seeking relief and remedy. 

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

Your case may not fall within the jurisdiction of labor court. 

Hence you may follow the steps suggested in my previous post or consult an advocate having experience in this field. 

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

Issue company legal notice to pay your outstanding dues 

 

2) mention that you had sent emails for settlement but to no bail 

 

3) if company fails to pay sue the company to recover your dues 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

 

Labour court would not have jurisdiction as you do not fall within definition of workmen 

 

Issue legal notice to company as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

Since you worked in a managerial position,  you can not gi to labour's court. 

Your remedy lies in civil court for recovery of money or criminal case for cheating and criminal breach of trust. 

Devajyoti Barman
Advocate, Kolkata
22509 Answers
356 Consultations

5.0 on 5.0

Hi, first you have to issue a legal notice and thereafter you need to file a suit for recovery of money in the Civil Court.

Pradeep Bharathipura
Advocate, Bangalore
5050 Answers
277 Consultations

4.5 on 5.0

Software Programmer, Developer, Web designer, Content Writer may be doing a technical job but this kind of job entails creative and imaginative faculties. Hence, this class of IT professional cannot be treated as workman under the Act.

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

Dear Sir,

1.If you are a manager or executive level employee and you ern above 18,000/- a month, you can file a case against the company in the civil court under order 37 of the Code of civil procedure. This is faster than the usual slow procedure in civil courts, called a summary suit.

2. if you are affected by the company's fraudulent actions, you can look out for

Employer Fraud Punishment:

  • Section 447 of Companies Act, 2013 lays down punishment for fraud.
  • Person shall be liable for imprisonment not less than 6 months which may extend to 10 years.
  • Fine not less than amount involved in fraud which may extend upto three times of the fraud amount.
  • Subsequent measures can be taken under Section 447 of the Act.
  • An employee can also file a criminal case against the company under Indian Penal Code.

Thank you!

Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

You will be the loser if you give improper data while posting a query.

If you come under non workmen category then you may not be covered under Industrial dispute acts

Definition of "workman" , is provided under Sec. 2(s) of the Act is as under:
"Workman" is any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied and for the purposes of any proceedings under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute.

There are certain employee who cannot be considered as workmen by the statute as per section 2 (s) :

 who is employed mainly in managerial or administrative capacity, or

who, being employed in a supervisory capacity draws wages exceeding Rs. 6500/- per month or exercises, either by the nature of the duties attached tot he office or by reason of the powers vested in him, functions mainly of a managerial nature."

 

 

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

Sir. your are not a workmen as described under act. you need to approach civil court.

Pradeep Bharathipura
Advocate, Bangalore
5050 Answers
277 Consultations

4.5 on 5.0

- As per law, an employer can terminate its employee , if found guilty of willful insubordination or disobedience; theft, fraud, or dishonesty; willful damage to or loss of employer’s goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; disorderly behavior during working hours; or habitual negligence of work.

- Further, an employer cannot terminate an employee without giving the employee at least 30 days of notice or a salary in lieu of such notice. 

- Further, as per the Industrial Disputes Act, any such employee who has been employed for greater than a year can only be terminated after permission is granted by a suitable government office. Additionally, an employer must provide valid reason for termination and pay a severance amount that is equivalent to 15 days’ average salary for each year of uninterrupted employment.

- Hence, as per law, the company cannot terminated you with giving a notice and without any valid reasons , and further the company is bound to refund you full final settlement amount as well. 

- You should send him a legal notice for the said termination and to refund . 

- If, no response, then you can lodge your complaint with the court.

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

You need to first send him a legal notice through lawyer and then if required should approach labour court. If you need any further assistance then you can approach me through LinkedIn. 

Prashant Nayak
Advocate, Mumbai
23518 Answers
49 Consultations

4.4 on 5.0

You can definitely approach the Labor Court as a Software Engineer falls under the 'workman' category.

You can raise an Industrial dispute appealing that your termination was illegal and that your dues are not being paid. In case you do not get a reply, then you may then send a Demand Notice to all concerned parties. In case you do not receive a response then you may file an appeal with the Industrial Tribunal stating that your termination was unjustified and you may also seek compensation.

Indu Verma
Advocate, Chandigarh
22 Answers

5.0 on 5.0

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