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Forced by the employer to resign and pay in lieu two months salary
03-Jan-2023 (In Labour & Service Law)
My wife has been been forced by her current employer stating we dont have work for you and she has been offered a job in pune where as she was well placed in pune, now forcefully the company has mentally harassed her and got her resignation letter signed and now refused to pay salary and 2 Months leiu amount which was mentioned in Offer Letter
If you are a workman, for recovery of your salary dues, you can file a claim under the 'Shops and Establishment Act' before the Deputy Labour Commissioner or before Labour Court under Section 33 C(2) of the Industrial Disputes Act, or a petition before the Authority under the payment of Wages Act (in some cases it is DLC or in some States it is one of the labour courts).
If your grievance extends to illegal termination, then you may file a complaint petition before the Assistant Labour Commissioner and after he holds a mediation, he will refer the matter to the labour court for trial against illegal termination.
We do not see much merit to allow your case under the Prevention of Human Rights, as your grievance primarily is about injustice imparted to you by your employer and comes under the ambit of labour and employment laws.
If your grievance extends to illegal termination, then you may file a complaint petition before the Assistant Labour Commissioner and after he holds a mediation, he will refer the matter to the labour court for trial against illegal termination.
We do not see much merit to allow your case under the Prevention of Human Rights, as your grievance primarily is about injustice imparted to you by your employer and comes under the ambit of labour and employment laws.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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