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Rahul M Kumar   08 February 2016

Asked to resign without compensation

Hi,

I have worked for a Public limited company in Bangalore for 5 years and they have asked me along with all others to resign from job on 23rd Dec 2015. Even thoughNone of us have sent resignation letter, they given us Resignation acceptance letter and experience letter. Prior to resignation, almost 6 month they delayed our salaries every month (1-2 month we did not get salary also, which was paid later) stating,client was not paying them money. They have paid salarie for all the other staff who work in different projects on time and was delaying our salary for 20 days, 15 days in a month. I have copy of Bank statemt as proof. Now when we asked for compensation, they were telling us that they cannot pay compensation. Is there any legal action can be taken againt this company for these descriminations? 

Is there any law which states salary to be paid on time?

 

 

 



Learning

 5 Replies

Kumar Doab (FIN)     11 February 2016

It is strange that without resignation by employee the employer has supplied the resignation acceptance letter.

All of you join hands and approach an able counsel specializing in labor-service matters and then issue a notice to employer.

In any case this action may amount to termination/retrenchment and notice pay/lay off compensation/retrenchment  compnesation may be applicable.

 

After examining the docs on record, inputs, nature of duties etc your counsel can advise you on the appropriate action that can be initiated in appropriate forum.

 

 

T. Kalaiselvan, Advocate (Advocate)     14 February 2016

Without tendering the resignation if you people were given resignation acceptance letter, you may send a legal notice to the company demanding reason for this and can also demand suitable compensation for the mental agony they have caused.  You may even drag them labor commissioner for their such unjustifiable action. 

Kumar Doab (FIN)     15 February 2016

All of you join hands and approach an able counsel specializing in labor-service matters, and even employee's/trade unions and proceed after understanding the finer details of merits and actions that you can take.

 

If what you have posted is true then you have a good case.

 

Act ASAP before the employer disappears or claims it has left with no asset.

 

Rahul M Kumar   05 March 2016

I am not sure on how to proceed. Now they are not paying my "gratuity" also. Is gratuity the right of an employee or depends on employer? 

Please help

Kumar Doab (FIN)     05 March 2016

You shall be fully sure if you discuss with an able counsel.

 

Payment of gratuity is responsibility of  employer. So if it is being paid to you without written demand by you and FormI then it is better.

 

Discuss everything with your able counsel.


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