Hi Seniors,
I'm working in Printing & logistics pvt ltd for 8 months, it is a singpore based company. I joint there as HR Administrator and worked for a couple of months. After that misunderstanding with my management, I don't like to continue with concern department. so I have moved to other department with own interested as Customer Co-ordinator. That time I demanded Rs.4500 /- with my salary, they accepted and they did not give any increment letter or appointment letter, only i have received mail your gross is so and so on in the month of May'07. From June to sep'07 I was getting the amount. Now they deducted Rs. 4500/-my
from my salary. I did not accept for that, but they credited after deduction of Rs.4500/- my Oct'07 Salary.
I want to go to legal action(labour court) , so that can you give sugesstion reg. this?
Very urgent! pls.
Siva
From India, Madras
I'm working in Printing & logistics pvt ltd for 8 months, it is a singpore based company. I joint there as HR Administrator and worked for a couple of months. After that misunderstanding with my management, I don't like to continue with concern department. so I have moved to other department with own interested as Customer Co-ordinator. That time I demanded Rs.4500 /- with my salary, they accepted and they did not give any increment letter or appointment letter, only i have received mail your gross is so and so on in the month of May'07. From June to sep'07 I was getting the amount. Now they deducted Rs. 4500/-my
from my salary. I did not accept for that, but they credited after deduction of Rs.4500/- my Oct'07 Salary.
I want to go to legal action(labour court) , so that can you give sugesstion reg. this?
Very urgent! pls.
Siva
From India, Madras
Actually I have the email, but they did not give any kind of letter. But it is a MNC. I think they suppose to give appointment letter, but they did not provide any to one.
From India, Madras
From India, Madras
Hi,
First of all clear your misunderstanding with the management. Going to court is time consuming long process and yes it costs.
Try to convince your seniors and solve the problem. Be possitive.
Lastly you write a letter stating the facts with cc to asst comm. of labour.
You directly can't approach labour coourt . You have to go through labour office
Regards
Kamlesh K
From India, Mumbai
3First of all clear your misunderstanding with the management. Going to court is time consuming long process and yes it costs.
Try to convince your seniors and solve the problem. Be possitive.
Lastly you write a letter stating the facts with cc to asst comm. of labour.
You directly can't approach labour coourt . You have to go through labour office
Regards
Kamlesh K
From India, Mumbai
Hi Shiva
To approach labour court, you should prove yourself as "workmen"as defined in the Industrial Disputes Act. Any person performing managerial function will not come under this definition. If you could prove that though you are designated as HR Administrator, you were not performing a supervisory role and no employees were reporting to you, then you can seek remedy under the Industrial Disputes Act.
If you could prove that you are a workman under the ID Act, you can straight away file Computation Petition (CP) before the labour court under Sec 33 C(2) of the Industrial Disputes Act.
As you are residing in Chennai, you can contact Mr.Franco Louis, Advocate & Notary in the following numbers:
Office: 044 25385678
Mobile: 9444015646
He will definitely show a way out.
Wish you all the best.
Thanks & Regards
Kalyan R
From India, Madras
To approach labour court, you should prove yourself as "workmen"as defined in the Industrial Disputes Act. Any person performing managerial function will not come under this definition. If you could prove that though you are designated as HR Administrator, you were not performing a supervisory role and no employees were reporting to you, then you can seek remedy under the Industrial Disputes Act.
If you could prove that you are a workman under the ID Act, you can straight away file Computation Petition (CP) before the labour court under Sec 33 C(2) of the Industrial Disputes Act.
As you are residing in Chennai, you can contact Mr.Franco Louis, Advocate & Notary in the following numbers:
Office: 044 25385678
Mobile: 9444015646
He will definitely show a way out.
Wish you all the best.
Thanks & Regards
Kalyan R
From India, Madras
Dear Siva,
First what kamalesh had stated regarding sorting the matter out is practical and right approach. Court should be approached as a last resort.
Second, since you are in Management Cadre you can directly approach Civil Court.
Third, as proof you can produce the email copy along with the amount credited from July to September which is a proof beyond doubt regarding your salary increase.
Fourth, You can always ask the company to explain the ground for deduction which is a valid point in court.
Approach a Civil Lawyer to seek remedy and advice.
Hope I was able to help you.
Regards,
SC
From India, Thane
First what kamalesh had stated regarding sorting the matter out is practical and right approach. Court should be approached as a last resort.
Second, since you are in Management Cadre you can directly approach Civil Court.
Third, as proof you can produce the email copy along with the amount credited from July to September which is a proof beyond doubt regarding your salary increase.
Fourth, You can always ask the company to explain the ground for deduction which is a valid point in court.
Approach a Civil Lawyer to seek remedy and advice.
Hope I was able to help you.
Regards,
SC
From India, Thane
Hi Kamlesh
For Computation Petition (CP) claiming the dues from the employer, we need not go through the Conciliation officer. We can seek remedy by filing the CP directly before the Labour Court.
Only for non employement and other disputes (Under Sec 2A and Sec 2(k)), we have to exhaust the remedy available before the Conciliation Officer and then approach the Labour Court for relief.
In this case, there is no need to approach the conciliation officer.
As expressed by the members, approaching the court should be the last option. As Shiva is a HR Administrator, he can directly speak to the employer and settle his issue.
Moreover it is employees'market and opportunities are plenty. All the corporates understood this and they pamper the employees for retaining them. If the employer doesn't understand the value of human resource and has no ethics and values, there is no point in continuing.
Now Shiva has to take the call and my best wishes to him.
Thanks & Regards
Kalyan R
Mobile: 9840942232
From India, Madras
For Computation Petition (CP) claiming the dues from the employer, we need not go through the Conciliation officer. We can seek remedy by filing the CP directly before the Labour Court.
Only for non employement and other disputes (Under Sec 2A and Sec 2(k)), we have to exhaust the remedy available before the Conciliation Officer and then approach the Labour Court for relief.
In this case, there is no need to approach the conciliation officer.
As expressed by the members, approaching the court should be the last option. As Shiva is a HR Administrator, he can directly speak to the employer and settle his issue.
Moreover it is employees'market and opportunities are plenty. All the corporates understood this and they pamper the employees for retaining them. If the employer doesn't understand the value of human resource and has no ethics and values, there is no point in continuing.
Now Shiva has to take the call and my best wishes to him.
Thanks & Regards
Kalyan R
Mobile: 9840942232
From India, Madras
Dear Mr.Kalyan,
Thanks for your valube information. I'm working in chennai only.
Now my designation is Sales Administrator, in this period only I got that much of amout demanded. That time there was a person neend in our customer place. That's they approached me and I accpted. But still they are not sent me there, now no required from customer place. I approached with my dictor also regard this. but there is no correct responsbile.
I'm sure a little bit about once salary is increased, then should be not be reduced. So I want to do something legally to file it.
Thanks
Shiva
From India, Madras
Thanks for your valube information. I'm working in chennai only.
Now my designation is Sales Administrator, in this period only I got that much of amout demanded. That time there was a person neend in our customer place. That's they approached me and I accpted. But still they are not sent me there, now no required from customer place. I approached with my dictor also regard this. but there is no correct responsbile.
I'm sure a little bit about once salary is increased, then should be not be reduced. So I want to do something legally to file it.
Thanks
Shiva
From India, Madras
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