Company denied to pay termination amount
Jafarali Shaikh
(Querist) 18 January 2015
This query is : Resolved
Hi Sir,
This is Jafarali Shaikh,I was working with organization called Embibe and i have joined that organization on 16 Nov 2014 and on 16 dec 2014 they have terminated me because of non-performance. As per the company law which is written in my offer letter that if any party terminates you within 30 days than that party have to pay 15 days salary,but my company is not giving me that amount and still i have not received my salary for that 16 days which i have worked with that organization and every time they are giving me the next date .what should i do to get that salary and termination amount and how can they judge my performance within 30 days and i was performing well as per training given to me but my assistance manager says that i am doing wrong but i was doing perfect as per knowledge given to me and even they have not given me a perfect training it was just like get yourself self trained.
Plzz help me in this...
Thanks&Regards
Jafarali Shaikh
9833119111
Kumar Doab
(Expert) 18 January 2015
What has been issued to you: Offer letter or appointment letter or contract of employment?
If it is stated in document issued to you say offer letter as posted by you that 15 days notice or notice pay in lieu of it shall be tendered by either party (employer since employer has initiated termination) then it has to be paid.
Since employer has terminated employer should have supplied the payment of earned wages of 30 days+ 15 days notice pay on last day in office.........
YOu may go thru:
Model Standing Orders:Sec13-16
(name of the state) Shops and Commercial Establishments Act
(name of the state) Shops and Commercial Establishments Rules
Payment of Wages Act
and approach Inspectors appointed under these Acts.................
The labor Inspector in local o/o Labor Commissioner might be officiating as Inspector under these Acts also.......
You can also approach Employee's unions/Trade Unions leaders.......
It shall be appropriate to proceed under expert advise of your able labor Law Consultant/service matter lawyer and submit a final notice to the appointing authority/MD......
Jafarali Shaikh
(Querist) 18 January 2015
Can you please call me as I need a expert call. plzzz and even give me your email id so that I can send my offerletter to you.
T. Kalaiselvan, Advocate
(Expert) 21 January 2015
You may issue a legal notice demanding your salary as well as the notice period amount as per the conditions of the offer letter or appointment letter.
Jafarali Shaikh
(Querist) 22 January 2015
can i get your email id so that i can keep you in CC when i will write an email to them because i have already send them 2 reminder mail and even i will write a third reminder. so i want you to keep in cc and even you will come to know that what is the status or else give me some labour commissioner email id so that i can keep him in CC
Kumar Doab
(Expert) 22 January 2015
After going thru your posts it is suggested that you may keep elders of your family,well wishers by your side.
Log on to the Dept. of Labor website of your state and then you can download the contact details of Labor Inspector,ALC,DLC......and also the Inspectors appointed under various acts mentioned in first post....
The labor Inspector in local o/o labor Commissioner might also be the Inspector under other Acts.....
You may contact local Labor Law Consultants/Service Matters lawyers.....
If you wish to search for lawyers in LCI data bank you can conduct search at:
http://www.lawyersclubindia.com/lawyers_search/
You can also approach leaders of employees/trade unions like CITU,AITUC,INTUC,BMS etc........and they may help you....
T. Kalaiselvan, Advocate
(Expert) 22 January 2015
You may proceed as advised. In your own interest, better send the demand letter through registered post instead of sending it in a email format.
