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Foreigner employees planning to leave India without clearing dues
14-May-2023 (In Labour & Service Law)
I and my friend worked for a firm in Bangalore. The Co-Founders are Foreign citizens living locally in Bangalore itself. Initially the payments were done on time, but later on, there were a couple of payments that were never paid. Also, there was TDS deducted which is not showing in Form 26. Together, the firm and the Co-Founders owe us Rs 3 lakhs only in salaries and then there is also the TDS amount. The Co-Founders are planning to leave India before the end of July and we want to take a strict action while ensuring that they are not allowed to fly out of India. Please advise. Also share points on: 1. Where to file the case; FYI, I and my friend have now moved to Gurgaon in a different company? 2. How to recover Salaries + TDS + Interest on Sum not paid? 3. How to get money basis the harassment that was caused? 4. How to ensure that the Co-Founders who are of Foreign origin are not allowed to leave India before settling down the case?
File a police complaint for cheating and mental harassment at the jurisdictional police station. Once you file criminal against them and FIR is file by the police means they can't leave the country that easily. Later you can prove your case before court to full fill your loss. Mean time contact any advocate to proceed further.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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I suggestion for Point(1) Better to file a complaint before the jurisdictional police station for quick response from your employer. (2) & (3) simultaneously to file a civil suit i.e., recovery suit before the civil court. 4) Police can avoid their travel if they take strict action.
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Adv. Jagadish N
Bangalore | 400+ Answers
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