On behalf of my friend:
I was working with a company at Gurgaon. They fired me without paying legal dues. When I tried to contact the Managing Director on mobile, the did not respond well and warned me that if I call again they will have me beat up.
Now I am living in my native place Jaipur and I have called from Jaipur,
Please tell me:
1. What is my legal position in this issue.
2. What judicial area if I filled the complaint about abuse or warning etc.
From India, New Delhi
I was working with a company at Gurgaon. They fired me without paying legal dues. When I tried to contact the Managing Director on mobile, the did not respond well and warned me that if I call again they will have me beat up.
Now I am living in my native place Jaipur and I have called from Jaipur,
Please tell me:
1. What is my legal position in this issue.
2. What judicial area if I filled the complaint about abuse or warning etc.
From India, New Delhi
Hi Ashok... I can understand your worry.
Firstly, you need to register a complaint with the Gurgaon police stating that the company you were working with is missing without paying your dues. This can be done by you or through a lawyer/representative who shall take your written complaint to the relevant Gurgaon Police station and thus an FIR will be lodged by you against the company. Try to lodge the complaint in the right police station of Gurgaon (one which is the locality where your office was situated).
Also, mention in your complain that you are threatened not to approach the police. This will be a vital evidence for you to claim protection, if required in future.
Based on the FIR you can iniciate a case of forgery and chetting (fraud) on the company and claim you dues. You need to be sure that you have with you a valid work contract (agreement) from your past employer and it would be beneficial if you can show that you had received salary/wage from the company.
Hope you do get back your rightful dues in time.
RoyS
From India , Delhi
2Firstly, you need to register a complaint with the Gurgaon police stating that the company you were working with is missing without paying your dues. This can be done by you or through a lawyer/representative who shall take your written complaint to the relevant Gurgaon Police station and thus an FIR will be lodged by you against the company. Try to lodge the complaint in the right police station of Gurgaon (one which is the locality where your office was situated).
Also, mention in your complain that you are threatened not to approach the police. This will be a vital evidence for you to claim protection, if required in future.
Based on the FIR you can iniciate a case of forgery and chetting (fraud) on the company and claim you dues. You need to be sure that you have with you a valid work contract (agreement) from your past employer and it would be beneficial if you can show that you had received salary/wage from the company.
Hope you do get back your rightful dues in time.
RoyS
From India , Delhi
Thanks boss this is very usefull inforamtion for my friends but please tell me can he logded complaint Jaipur Police station because he make all the correspondance throw phone from Jaipur City
From India, New Delhi
From India, New Delhi
Hi Ashok... The jurisdiction of a complaint should generally be where the cause of action is, i.e., where the parties work. I understand from your brief that you were working from Jaipur City and your employer is situated at Gurgaon. In such a scenerio the jurisdiction can be either Jaipur or Gurgaon (where the parties reside).
Hope your query was answered. Try to get the helof a local lawyer/paralegal who can help you to sort it out.
RoyS
From India , Delhi
Hope your query was answered. Try to get the helof a local lawyer/paralegal who can help you to sort it out.
RoyS
From India , Delhi
Ashok,
As advocate_sroy, says you can take up the legal measures against the company
But , do consider the amount of dues you need to receive and expenses involved in the legal procedure till you win the case.
Fight for justice.
Think before you react.
From India , Bangalore
As advocate_sroy, says you can take up the legal measures against the company
But , do consider the amount of dues you need to receive and expenses involved in the legal procedure till you win the case.
Fight for justice.
Think before you react.
From India , Bangalore
I can only tell you in my country context, Cambodia, which is possible similarity to your case.
I hope that you would not mind my comments.
In the above case, there are 2 matters of fact in question.
1- labor termination without due course.
2- Criminal Course of Action.
you can make a complaint to labor authority such as labor ministry or labor arbitration or court. to do so, you have two options
first, via attorney at law and second, via labor union leader if you do not know how to confront with your ex company. generally, attorney at law charge fee but labor union do not charge fee, but only expense some a mount of money for litigations and transportation. you may be re-payed your seniority payment( severance payment ), fee for remaining annul leave, damages, (fee for non-notice letter of dismissal) or final wage.... pursuing to your types of contract.
you may have to sue to the police station locally,informing that you were threaten via the phone, but make sure that you have enough proof to support yourself. It is a criminal case which concludes of fines as well.
to conclude: criminal case here is light to sue ,but sometimes it can push your labor case to recall some amount money from them.
Best Regards,
Bunthoeun
Legal officer
From Cambodia ,
I hope that you would not mind my comments.
In the above case, there are 2 matters of fact in question.
1- labor termination without due course.
2- Criminal Course of Action.
you can make a complaint to labor authority such as labor ministry or labor arbitration or court. to do so, you have two options
first, via attorney at law and second, via labor union leader if you do not know how to confront with your ex company. generally, attorney at law charge fee but labor union do not charge fee, but only expense some a mount of money for litigations and transportation. you may be re-payed your seniority payment( severance payment ), fee for remaining annul leave, damages, (fee for non-notice letter of dismissal) or final wage.... pursuing to your types of contract.
you may have to sue to the police station locally,informing that you were threaten via the phone, but make sure that you have enough proof to support yourself. It is a criminal case which concludes of fines as well.
to conclude: criminal case here is light to sue ,but sometimes it can push your labor case to recall some amount money from them.
Best Regards,
Bunthoeun
Legal officer
From Cambodia ,
#Subject List: City-India-New-Delhi Country-India
