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2 month salary +gratuity due  


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Sir, My company in NCLT from Nov-2017 my Sep and Oct-17 salary is due I am in managerial category .right now am working in same company RP is releasing only current month salary but Sep & Oct salary not releasing can u tell how can i get my 2 month salary and after resiging what will happen m y gratuity. can I get gratuity also.

 
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For not receiving of salary: - 

1. You can file a petition under section 33(c)2 of the Industrial Dispute Act.

2. You can either file a money suit against your employer in a Civil Court.

3. You can either initiate process for Corporate Insolvency before the NCLT under the Insolvency and Bankruptcy Code.

It is always advisable to first send an Advocate's notice before taking any legal recourse for getting the salary.

For getting Gratuity: -

1. You can file a petition before the Labour Commissioner of your concerned area for issuance of certificate of the amount to be forwarded to the Collector of its recovery. Please refer section 8 of the Payment of Gratuity Act.

 Please apply for gratuity to the employer in writing taking its receipts before referring proceeding under section 8 of the Gratuity Act.

Pradipta Nath

 
  
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