LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Bhanu Manhaas   15 June 2015

Unfair termination of contract

Hi 

I've been working on a. Contract basis as a musician/ singer with a 5 star hotel in Bangalore for 4 years in a row. And going out of my way to oblige the unfair demands of the F&B manager, performing on my off days, during afternoons as well as private hotel parties, (which are not in the contract) out of good will)

My contract stipulates that I shall be paid an xxxx amount for my services

workdays : Monday, Tuesday, Thursday in the lobby as pianist.

                   Wednesday evening 7 to 9:30 poolside       

                   Sunday afternoon from 12:30 pm to 3:30 pm pool side

i shall be provided with meals refreshments etc.

Last para of my contract States the contract can be terminated by either side, (no reason is given)

my hotel has terminated my contract without giving me my one months notice, as I was unable to perform

on one particular day 06-05-15. Due to aggressive behaviour of the F&B manager for requesting him to

provide me with working sound system, which he had not provided for the last 6 months, coz. He did not want to pay the sound company extra money, due to which my output  was being criticised by the guests as it was annoying to their ears. So I had to walk out on that day, on 07-05-15 i handed. My one months notice, knowing that since my requirements were not met ( which the hotel is supposed to fulfil)

it was accepted by the manager, as I continued with my performance, after 2 hours the manager told me to leave immediately as they did not need my services any longer. But refused to give me any notice or compensate for the same, on top of that I have not been paid my one weeks money for which I have worked it's been more than a month and after repeated emails there's no response.

what options do I have, pls.



Learning

 1 Replies

Kumar Doab (FIN)     21 June 2015

The goodwill gestures have not helped you. Rather you ended up rendering free service and that too thankless.

You seem to have a valid contract.

As per T&C of the contract you are entitled for earned wages as per contract and notice pay.

 

Hope you have the copy of notice and proof of delivery, acceptance etc with you.

Hope you have minuted that you were not allowed to serve the notice period.

Consult an able Labor Law Consultant/Service Matters lawyer/Law firm dealing in Labor Law matters with copies of contract and notice…………………and your counsel may opine that you can approach;

Inspector appointed under State Shops and Estbs.Act, Payment of Wages Act

O/o Labor Commissioner

Civil Court

File complaint u/s 406,420

File winding up petition

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register