Notice pay

Dear Lawyer Friends,

Will someone help me out with this situation ASAP. Intend to close the issue with my employer before 31st March'11.

Regards

Just file the issue before labour commissioner if you can justify that the Company is doing wrong to you inspite of you being fulfiling all your contractual obligations.

I do not think I am under the perview of the Labor Commissioner Office owing to my status being not of a workman and resolution of disputes under ID act.

You have signed an employement contract? right

I havereceived am appointment letter spelling out the terms and I have acknowledged received that, if you call that document a contract then yes.

can you e-mail your phone number on adv.vksrivastava@gmail.com. If you like I can call u  and discuss the issue.

Regards,

Vikas 

Dear Sir,

As you have mentioned you served for full month in the November so you are fully entitled for full salary in the month of November. Your company have relelieved you one month before your notice period completion so you are entitled for one months basic salary for December month. You are fully entitled for leave encashment , LTA and other benefits upto November. But you can not seek redressal before Labour Commissioner because u served on a position which do not covered under definition of "worker". So you can seek remedy in a civil court of the area. Please discuss this matter in detail with some service lawyer and proceed forward. You have good case to succeed.

Thanks,

Avinash   

The learned experts/members have given their valuable opinion.

1.As per the appointment letter/or contract of employment, you have mentioned :

"the company will have the right to terminate the services by payment of three months basic salary only and no other allowances or perquisites in lieu of notice...................."

2.The company has accepted in writing ,your notice of resignation, and the effective date of resignation as 31st Dec,2010.

3. However by a verbal communication, (well thought strategy) you were asked to submit company property, on 30th Nov,2010, to which you complied, and satisfactorily handed over charge and all office property.Hope you have cleared all accounts e.g. promotional budget expenses,CRM accounts as well.

Company has setteled your accounts, after the compny property was submitted by you.

You sent an email from your official id. Company is owner of this email id and the administrator can open it and generate printouts.This email was sent to the concerned authority and if he/she  is still in service, can generate a printout.if not administrator can open it and generate printouts.

You have sent another email from your personal email id.However both have not been replied.

4.You have not on your own sent any comunication to the company to relieve you before the date of 31st Dec,2010.You have wisely written that you are willing to serve till 31st Dec,2010.

The notice period is given or asked to be given to complete the assignments in progress, finish the tasks on hands, and find the replacement so that work/business is not affected and loss is not caused.

You have complied to the spirit of the purpose.

Company must have arranged your replacement.You can find it out from your resources.

As per the expression of terms, in your appointment letter, and its interpretation,company is liable to pay you everything upto 30th Nov,2010 and basic salary for Dec,2010 .

However since you have been left unsatisfied, you are well within the rights to escalate the matter to your appointing authority, MD, Chairman, Head- HR,Company Secretary and seek the help from their good office to reply to you by registered post/speed post say within 15 days.

You should obtain F&F,form 16, PF accumulation reports,work experience certificate, releiving letter, NDC,NOC etc.

If your grievances are not addressed properly you can initiate the process of law , and thus issue legal notice,approach courts of law.

It is learnt,:

-In case of Mr. Kishore Galgale (GM) whose services were terminated by  Morepen Laboratories, his 2 MR's deposed before Indore High court and stated that GM was working with them in field and meeting doctors like them.Mr Galgale lawyer had prepared his case in a manner that the designation was GM, however by virtue of his  duties he  was entitld to invoke IDA.Unfortunately Mr. Galagale expired , before his case was decided.

-In case of Area Manager(1st line manager) with a large MNC health care company, whose service were terminated, he invoked IDA and later was reinstated with full back wages. He got all benefits as expreseed in his salary slip/appointment letter, and PF contribution for the entire period.

It shall be appropriate to show all the records to your service lawyer/law firm, and proceed accordingly. Your lawyer/law firm may advise you to claim full salary for Dec,2010.