Employer ask to resign
3 years ago
My employer ask me to resign when I asked for 3 months pending salary. He has also terminated my email account. My 4months salary is pending and he is gvg excuses.
A.It is very sad to know that the Office/ Company in which you are working since long has put your salary on-Hold & NOT paying you since COVID-19
1) Even at the beginning of the LOCK-DOWN on 23rd March 2020 all the state & Central Government has requested by various Media means like News Channel, Newspaper to all the Private Companies, Small Business operators that the EMPLOYERS should NOT Reduce/ Deduct / Stop Salaries of the entire staff during this COVID-19 pandemic
2) I request you to Call the Authorized Senior of your Office regarding your pending Salary issue & RECORD THE CALL from your MOBILE
3) Also I request you to SEND EMAIL/ MOBILE MESSAGE/ WHATSAPP MESSAGE the Authorized Senior of your Office regarding your pending Salary issue. Remove a SCREENSHOT of the messages from your MOBILE & get a PRINTOUT of the same. If your question is answered in MOBILE & get a PRINTOUT of the same. (If you DONOT get any REPLY from your seniors you will have to proceed with Legal Remedy)
4) You can send a Legal Notice to your Office/ Company for payment of your Salary through a Laywer (I can help you for sending Legal Notice)
5) There is also a Official Circular issued by Government of India- Ministry of Home Affairs which was recommended on 29th March 2020 & the same was approved on 17th May 2020 by the Union Home Secretary- New Delhi [ORDER NO.40 – 3/2020- DM – I (A)]
In the above ORDER point No.3 which clearly states that “All the employers be it in the industry or in the shops and commercial establishments, shall make payment of wages of their workers, at their work places, on the due date, without any deduction, for the period their establishments are under closure during the lockdown” (Same can be provided by me in PDF)
6) I require a few details incase you opt for a Legal Remedy-
A) Identity Card of the firm
B) Appointment letter
C) Visiting card of your Name with company address (IF AVAILABLE)
D) Latest 2 months salary slip & Form No. 16 (IF AVAILABLE)
E) 12 months LATEST SAVINGS ACCOUNT bank statements WHERE THE MONTHLY SALARY IS CREDITED (COMPULSORY)
F) Any STAFF GROUP PHOTOGRAPH OR ANY OFFICE PHOTO/SELFIE proof that you was working in that Organization/ Office/ Shop etc. (COMPULSORY as proof & Evidence)
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Do show me the entire set of documents & I shall be able to guide you more into this matter.
Your query is answered in detail. We can help you in getting done the same & Complete Legal Documentation works. Hope this information is useful
ADV. ANISH PALKAR (High Court Bombay)
1) Even at the beginning of the LOCK-DOWN on 23rd March 2020 all the state & Central Government has requested by various Media means like News Channel, Newspaper to all the Private Companies, Small Business operators that the EMPLOYERS should NOT Reduce/ Deduct / Stop Salaries of the entire staff during this COVID-19 pandemic
2) I request you to Call the Authorized Senior of your Office regarding your pending Salary issue & RECORD THE CALL from your MOBILE
3) Also I request you to SEND EMAIL/ MOBILE MESSAGE/ WHATSAPP MESSAGE the Authorized Senior of your Office regarding your pending Salary issue. Remove a SCREENSHOT of the messages from your MOBILE & get a PRINTOUT of the same. If your question is answered in MOBILE & get a PRINTOUT of the same. (If you DONOT get any REPLY from your seniors you will have to proceed with Legal Remedy)
4) You can send a Legal Notice to your Office/ Company for payment of your Salary through a Laywer (I can help you for sending Legal Notice)
5) There is also a Official Circular issued by Government of India- Ministry of Home Affairs which was recommended on 29th March 2020 & the same was approved on 17th May 2020 by the Union Home Secretary- New Delhi [ORDER NO.40 – 3/2020- DM – I (A)]
In the above ORDER point No.3 which clearly states that “All the employers be it in the industry or in the shops and commercial establishments, shall make payment of wages of their workers, at their work places, on the due date, without any deduction, for the period their establishments are under closure during the lockdown” (Same can be provided by me in PDF)
6) I require a few details incase you opt for a Legal Remedy-
A) Identity Card of the firm
B) Appointment letter
C) Visiting card of your Name with company address (IF AVAILABLE)
D) Latest 2 months salary slip & Form No. 16 (IF AVAILABLE)
E) 12 months LATEST SAVINGS ACCOUNT bank statements WHERE THE MONTHLY SALARY IS CREDITED (COMPULSORY)
F) Any STAFF GROUP PHOTOGRAPH OR ANY OFFICE PHOTO/SELFIE proof that you was working in that Organization/ Office/ Shop etc. (COMPULSORY as proof & Evidence)
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Do show me the entire set of documents & I shall be able to guide you more into this matter.
Your query is answered in detail. We can help you in getting done the same & Complete Legal Documentation works. Hope this information is useful
ADV. ANISH PALKAR (High Court Bombay)
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A.You may approach the Labor Commissioner and make use of following circulars. Please give me Rank 5 if you feel my answer helped you.
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https://labour.gov.in/advisories-covid-19
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT
====================================================
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
=================================================
https://labour.gov.in/advisories-covid-19
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT
====================================================
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Immediately file a complaint before District Magistrate or labour inspector.
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