Legal Question in Employment Law in India

I am a foriener who was given a contract to be employed by an Indian company. With this contract I was issued a employment visa to come to India. The directors of the company has dismissed with my services in December 2014. The company has not paid my dues owed to me in the contract. He has ignored the labour commissions request to settle but I am also told the labour commission can not help me as my salary and company position was to high. After I went to the labour commission he infowned the FRO that I have been dismissed which has led to my being asked to leave India. I am told a civil action can take years and after speaking to the police I am told it's not a cheating, fraud or breach of trust case. What can I do to get my owed dues. Does the Indian government have a department that handles this sort of case


Asked on 7/09/15, 1:01 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

09.07.2015

Dear Sir / Madam,

You have not mentioned the reason for the Company dismissing you from service. If your services have been terminated by the Company on account of and as a result of some fraud proved to have been committed by you, or on account of any proved deliberate or willful wrong doing on your part which has caused loss to the Company, the Company is justified in withholding your dues. The Labour Commission of India is the authority of the Government of India that resolves each and every labour and employee related issues addressed to them, irrespective of the complainant's designation and salary. I suggest you do now cow down from false hearsay about Police and legal action taking a long time, especially if you have not committed any breach of contract and are right. I recommend you escalate your follow up action and pursue your matter with the Labour Commission & the Police to conclude the case, before you leave the country.

Regards,

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Answered on 7/09/15, 8:11 am


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