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How to claim overtime dues from the employer


19-Sep-2023 (In Labour & Service Law)
i served a nationalized bank for 16 months on regular basis. i earned some privilege leave and also overtime (which settled by union and management later) but my employer not responding to any of my mails/letters. what should i do?
Answers (1)

Answer #1
730 votes
see you cannot claim leave as a matter of right please refer to this recent judgment M. Ayyappan Vs State Madras High court decision, secondly but for overtime The overtime allowance would be admissible only to those of the employees who work overtime, and not to others who either do not get the opportunity to work overtime, or chose not to work overtime. The bonus would generally be linked to the turnover and profitability of the employers business and would derive its basis either from the Payment of Bonus Act, 1965, or customary usage or conditions of service. please refer to this judgement Abid Hussain And Others Etc vs Union Of India & Ors
Equivalent citations: 1987 AIR 820, in the light of these judgments serve them a notice claiming demand for justice and hopefully you will get the benefits if otherwise you are eligble for that legally.
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