Employer not paying my salary.

Has any termination order been supplied to you?

What is the reason stated in termination order?

Repeated at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=142997&offset=0

It is vague reason.

Apparently No opportuntiy of hearing, natural justice given.

More so it seems that company want to allege misconduct and avoid notice pay/sepration compensation etc etc....

While posting such queries, employee should post full information:

What is this establishment; Commercial, Industrial? ( Apparently; Commercial)

What is its line of business? (  Noted; software company)

How many persons are employed in it?

Does standing order apply in your case; Model/Standing?

What is your designation and nature of duties?

Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..

Can anyone change/cancel your recommendations?

How many persons report to you?

You are in which state? 

Your service is under probation or confirmed?

For how many months you have been working?  

Are you a member of any employee’s/trade unions?

Whats is the notice period inserted in appointment letter?

It is a software company. There are more then 30 employees. My designation was "SOftware Trainee" for 3 months. After 3 months complete they terminate me without salary. Company locate in Dwarka, Delhi.

I am not a member employee’s/trade unions. No mention about notice period in appoinment letter.

There are many IT/ITeS employee's unions and that have affilliated with trade unions.

Search and contact them for support.

'Software Trainee' might not be aprentice as per Apprenticeship Act.

Approach  avery able counsel specializing in Labor/service matters.

Your counsel may opine that you can approach/lodge complaint with:

Inspector appointed under; Delhi Shops & Estbs Act, Payment of Wages Act

O/o Labor Commissioner

Higher Officials of Dept. of Labor, Delhi

https://www.news18.com/news/india/karnataka-labour-department-asks-us-it-firm-to-pay-rs-12-5-lakh-to-techie-for-sacking-her-724144.html

https://www.fakingnews.firstpost.com/india/inspired-by-sarita-devi-techie-from-bangalore-refuses-to-take-consolation-key-player-award-6440

https://www.google.co.in/#q=it+employees+unions

https://www.facebook.com/Union-of-It-ITES-employee-180803218772401/

https://itnitesunion.wordpress.com/

https://www.itecentre.co.in/

OK. Thank You sir. But can I lodge this matter in labor court. It happen many friends end of Trainee and they will join as junior developer.

The issue whether a trainee is a workman or not is be a matter of evidence.

If they were trainees, there should have been trainers too.

One should not go by the nomenclature attached to a post to determine whether an individual was an Apprentice or a regular workman, it is the nature of the job which is material.

Designation; Trainee might be a guise.

On facts and evidence brought on record, employees might be workmen and not trainees.

It is a misnomer to call those persons as trainees or apprentices who were paid overtime wages as a monthly salary and no stipend.

Supreme Court :Trayambak Rubber Industries Ltd. vs. Nashik Workers Union & Ors. Reported in [2003 III LLJ 226] 

Madras High Court: Workmen of PMP Textiles, Coimbatore vs. Management of PMP Textiles [2011 LLR 731]

Let the employer establish that you were not a regular employee doing regular employee's job.

Let the employer establish that you were a Trainee that attended class rooms lectures and did NO regular work like regular employee.