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Complain In Labour Court Against My Employer To Claim My Salary And Incentives? - CiteHR

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kkamit85
Dear Sir,
My name is Amit Kumar Karan working with Automobile Company as a Warranty Incharge since last two years but unfortunately today my employer has terminate me with emmidiate effect and reason given by him that you are doing fraud with company but the true story is As a warranty Incharge I have a rights to given upto 20000 rs parts under warranty to customer. And I was given Rs. 14000 as a warranty to customer with permission of our General Manager. But now GM Service has been take U turn and blame to me that you are fraud and the employer has been terminate me without any prior notice and hold my salary. Kindly advice how can submit my complain in labour court against my employer to claim my salary and incentives.

From India, Gurgaon
sdvrg
16

Hello KKAMI...
You have the documents as proof in which there is written that you have the right upto limit 20000. or second thing when you given the Rs.14000 to the customer as a warranty with the permission of your GM. So, when GM gave the permission he is sign. some document of permission. you show that documents to your higher authority.

From India, Jalalpur
saswatabanerjee
2358

Going to the court is a long process and that needs money and time.
First, you need to go and meet the labour officer of the area, who may be the inspector under shop and establishment act or the labour commissioner appointed by the state government. Since we have no idea of the state or location or kind of establishment you worked with, we can't tell you more.
If the labour commissioner is not able to resolve the issue, then you will need the help of a lawyer specialising in labour disputes.

From India, Mumbai
riteshmaity
243

First issue is your illegal termination. Since you have been illegally terminated (hope in writing), you may send a letter/ notice under Registered with AD post demanding reinstatement immediately. Thereafter, you may approach the Labour commissioner and raise a dispute and then on the way to start a litigation against the company in the labour court.
Regarding holding of salary, it is also illegal. You may demand the salary in writing in the similar way.
For the sake of convenience, you may include in the issue of reinstatement and outstanding salary in the same letter.

From India, Kolkata
Srinath Sai Ram
606

Dear Mr Amit,
You have stated that you were Employed as "Warranty in charge" What is your Monthly Gross Salary? Which Month Salary is due? Amount of Salary due? Contents of your Termination Letter? As per your Appointment Letter, What is Notice Period Termination Clause?
in the absence of above information, i am not in a position to conclude that you come under the definition of "Workman" as per Sec 2(S) of Industrial Disputes Act, 1947 to approach Labour Court.
If your Monthly Gross Salary is below Rs18,000/-, you can initiate action under The Payment of Wages Act, 1936 for recovery of Salary

From India, New Delhi
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