Advocate Nidhi Mathur

Questions Answered by Advocate Nidhi Mathur (50+ answers)

Q: Labour Law And Resignation Protocol

I have worked from 2005 to 2022 in govt firm. The company has still not cleared my dues and there is no reply from them. My gratuity is still pending. How to deal with it.

Advocate Nidhi Mathur answered
Since you worked 2005–2022 (17 years), you’re clearly entitled to gratuity. Gratuity claims are now governed by the Code on Social Security, 2020 (which replaced the Payment of Gratuity Act), read with the Code on Wages, 2019 for wage computation — basic wages must be at least 50% of CTC, which may increase your payout.  Send a written legal notice to your employer demanding payment of gratuity plus interest for the delay. If unresolved, file a claim before the Controlling Authority under the Social Security Code (local Labour Commissioner), who can order payment with interest and enforce recovery. Consult a local labour lawyer to confirm current filing procedures, as state rules are still being finalized.

Q: Non Payment of Wages after resignation

I have left my company (Learning Closet Pvt Ltd) in 2024, still there is FNF is pending, what to do now , how much time it would take to recover this.

Advocate Nidhi Mathur answered
Since your Full & Final settlement is still pending despite leaving the company in 2024, you should issue a formal legal notice demanding immediate payment within a specified time (usually 7–15 days). A legal notice often prompts faster resolution, as non-compliance can lead to labour court proceedings. If the company fails to respond, appropriate legal action under labour laws may be initiated.

Q: Father WiLL, brother not willing to share

As per my father's WILL, 2 sons are the beneficiaries of the house. But the WILL is with the elder brother. I have asked number of times.about the WILL but he kept putting things off. Now we both don't talk to each other.Can he sell the property to someone without notifying me and not giving my share?Please advise.ThanksRajeev kumar

Advocate Nidhi Mathur answered
Under the Indian Succession Act, 1925, as a beneficiary named in your father’s will, you have the right to demand timely distribution of your share of the property. The elder brother, holding the will (likely as executor), must obtain probate (if required in your area) and settle the estate without undue delay, typically within a year. If he continues to postpone without valid reason, send a formal legal notice demanding inventory, accounts, and distribution; escalate to court for removal or administration

Q: “Termination Without Notice + Withheld Salary + No Appointment Letter”

terminated suddenly without notice, inquiry or reason. No appointment letter was ever issued—only an unsigned notarised paper with illegal clauses, which I refused to sign. Salary for 9 days and 1 month notice pay (₹1,17,000) is being withheld. They have stopped all communication.Unsafe clinical practices also observed.What legal action can I take to recover dues and report labour & safety violations?

Advocate Nidhi Mathur answered
You appear to have been illegally terminated and your earned wages and notice pay cannot be withheld in this manner.You can first send a detailed legal notice demanding payment of 9 days’ salary, one‑month notice pay and any other dues, referring to your actual working period and the fact that no valid appointment letter existed.If they still do not respond, you can file a complaint before the Labour Commissioner or under the appropriate Shops and Establishments/Payment of Wages laws for recovery of dues. We can help you

Q: Company owner not pay my salary

What can i do he say he paying but end of the day its not i can afford things without my salary

Advocate Nidhi Mathur answered
Dear Client,Non-payment or delay of salary is a clear violation of your legal rights under labour and service laws. You may first send a written representation/demand notice to your employer asking for immediate release of dues. If unpaid, you can file a complaint with the Labour Commissioner or approach the appropriate labour court/authority. Please retain all salary slips, appointment letter, and communication as evidence for your claim.