Company not paying Employee Dues and Gratuity
01-Aug-2023 (In Labour & Service Law)
I am doing the job in a Private Limited company from 8 years. Now I am leaving this company, I gave a notice period of 60 days to the company. But it was oral between Company director and me. There is no proof in writing. I heard from previous company employees that the company has not paid Share to previous 2 employees. One did 12 yrs and second employees spend 10 yrs in this company.
So I have doubt that maybe the company will not pay my Share also. The company deducts 2.5% share from every month salary. and They promise that they will give a double amount when any employee leaves this company. They said that they will transfer my share after 3 months of leaving the job. But previous employees did not get their fund even after 7 months.
There is also no Gratuity system. I spend 8 yrs in this company but I have not to get Gratuity. No medical insurance & Gratuity.
I want to know what I can do if the company will not pay my Share amount after 3 months? I can go to Labour Court?
Hello I have perused your query. In these circumstances you can file a suit for recovery of any dues remaining. You cannot go to a labour court as one has to come under the minimum pay scale for it.
Befor filing any suit for recovery against the employer you have an option to send them a legal notice for recovery.
For further information feel free to contact me
I have perused your query and would advise you to tender your resignation in writing. Further in case the company did not clear your full and final dues, you have an option to send a legal notice to the concerned directors of the company followed by a lawsuit for recovery of your final dues. So far as gratuity is concerned you are entitled to recover that aswell since you have put in more than 5 continous years in service.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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