Regarding Salary

Have you received any offer letter at the time of joining if yes what are the payment terms, and what does that say about terminating of services.......

You can filed an application before Labour Commissioner for your 4 months wages.

You must have received the offer letter, appointment letter, salary structure, other payouts e. g reimbursments etc, and salary slip of the months fro which you have received the salary.

The service conditions are explained in the appointment letter.

What is the notice period of seperation.

During probation period a notice of termnation of more than 15 days may seem not to be fair.

Each day of your work you must have been marking your attendance on line, or in the register .

You must have been signing your entry and exit in the register in the office.

You must have been receiving emails and letters in the 4 months for which you were paid salary.

You might have applied leave and obtained sanction of leave.

Is there any clause on performance and achievement of targets.

You must have sent emails, reminders, or verbal/in person representations to your reporting authority/HR/HO etc

Were you asked to attend a meeting/meetings on Target Vs achievement of targets and did you receive any communication after the same or any warning for performance below targets.

For your last 4 month salary you may send a detailed letter to your appointing authority /MD/CEO/Head HR/reporting authority, and  demand the same to be apid to you immediatly.

If wish to contest your termination you may show all record and docs to your service lawyer/law firm and they hall help you decide and take action.

I agree with kumar Doab

Mr Sharma,

you have been wrongly fired, you have every right to severance pay, damages, or unemployment compensation. In certain circumstances, you may also have a valid claim for wrongful termination against your former employer. Speaking with an experience attorney can help you understand your rights and make an informed decision about how to proceed.

Hi expert lawyers, I was employed by an IT firm but within 2 months of employment (ie probation period)  ,due to business exigencies, I was terminated. My appointment letter clearly states in case of termination (even during probation period) , I am elgible for 1 month salary compensation. But my ex-employer diagrees for the one month compensation and has also not paid my salary for the last 1 month when I offered my services. It has been  three months since my termination.

Kindly let me know the options that I have. Please note I was employed in a senior managerial role. Can I initiate criminal proceedings for breach of trust. Can I approach the Labour Officer ? Thanks for your guidance.

Mr Om,

as you hold a senior position you have to go through civil process.

for the ready referance the definition of Workmen:

The industrial Employment (Standing order) act, 1946

Any person (including an apprentice) employed in any industry to do any manual, skilled/unskilled, clerical, or supervisory work on hire or reward, wheather the term of employment be express or implied, for the purpose of any proceeding under this act in relation to the industrial dispute, including any such person who has been dismissed, discharged or retrenched in connection with or such act led to that dispute, but does not include:

* Any person who is subject to army, naval, & air force.

* Any person who is subject to Police service.

* Any person who is subject to  mainly on an managerial or administrative capacity.

* Who is employed in a supervisory capacity draws wages exceeding Rs 1600/- per month.

very much thanx for this attachment-

by mr. susanta

" File : 58_58_industrialemploymentact.doc "

Dear Advocates,

I worked with real estate company from 2006-2009. During the recession time (2007-8) real estate effected badly so this company was not paying salary to their employees but assuring to give the same later on. We all were convinced and waited for salary to release and not resigned. In 2010, my salary for almost more than 1 yrs were pending. So I requested to the management they partially released my salary then I quit this co. but management assured me to give my balance (almost 6mnths) salary. Now it's almost more than 2 yrs, in spite of vigorous follow up nobody is responding towards the same (neither phonecalls nor emails).When I call Director of the company he always assure me to release in next 2-3 mnths but never released.

Now I would like your all advises on the same. Do I need to go for labour/consumer court? If yes, what is the procedure. Since it's been more than 2yrs still I can file the case? or any other option?

Please advise.

Regards,

Jyoti

@ Jyoti,

Yours is not a consumer case. It is good that you have been following up by emails. You should not have waited for such a long period. You may submit a written representation by letter thru redg/speed post, addressed to  your appointing authority, MD, Head-HR, Company Secretary, followed by email and narrate all representations ( mentioning phone calls giving your phone number, company official's name and phone number date)  and promises made to you during each representation. You may demand refund of all expenses including on phone calls, emails etc and interest on delayed payment of wages and demand all amounts to be paid to you say within 7 days, by Bank DD thru redg/speed post only.

If the good offices do not supply the payment you may approach o/o Labor Commissioner/Wages Inspector. It shall be appropriate to approach a competent and experienced service lawyer with all record e.g. appointment letter, emails, letters etc, give inputs in person and proceed under expert advice.