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quesSalary and outstanding dues not received by employee from employer

Hi. My father is 62 years old and has been working since last 21 years in a construction company as a supervisor. He has not been receiving salary from past 6 months. Also company owners are not giving him reliving or termination letter. He is also entitled for leave salary and gratuity for all these years but company owners are neither giving him in writing nor paying him. Can you please advise what steps can we take to get his hardwork paid?

  • ans

    We suggest you to send the company the legal notice through a lawyer and thereby demanding your  salary and gratuity.

    In case they fail to give, despite legal notice, you can file a suit for recovery thereby demanding your salary alongwith24% interest and cost of litigation .

    With respect to your gratuity we suggest you to file a complaint before labour commissioner thereby demanding your gratuity for 21 years.

     

     

  • ansHello,
    1) It is important to know when your father left the company or was retired or if he is still in employment as you mentioned about arrears of salary to advise you appropriately.

    2) The company is not obligated to give the details in writing by way of an undertaking;however your father has the right to get the salaries paid and get the gratuity and pension benefits as he has been in employment for so long with the company.

    3) It would be helpful if we can take a look at the documents like your father's appointment letter, any other documents pertaining to his resignation, retirement ,etc to form an opinion about what legal steps can be taken to secure your father's rights he so deservingly earned though his hard labour.

    Advocate S J Mathew

      Thane, Mumbai

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