Lock down - hotel management field
3 years ago
I got job in March in cafe(hotel management) gujarat ahmedabad City, on 16 & 17 March 2020 I went for 2 days training to Mumbai and I completed training and I joined job as per offer letter 18th March.
Now there is announced by government that one day lockdown so I came my home on 21st after job so total working 4 days before lockdown
Till today my owner/cafe not provided salary which is 23,000 per month as per offer letter in e-mail they did not sente us any message or email for not giving salary ,now they will not give salary for lockdown they are asking me to talk with their legal advisor ,as I know there is government circular for not terminate employee or not hold salary of employees
What is the possibility in this case ????
Can I get salary if I go legal ???
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)
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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)
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Failing which, pls approach labour inspector
You may approach labor commissioner as per 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
1. Extension Of Return Filing (COVID-19)
2. In this critical time of the coronavirus (COVID-19) epidemic, the Ministry of Labour and Employment advises all public and private employers to support their employees and workers. dated 20/03/2020
3. Advisory to Secretary , Department of Public Enterprises to the employers on Covid-19 outbreak dated 20/03/2020
4. Advisory to the Chief Secretaries of States and UTs to ease the hardship being faced by workers due to COVID-19 outbreak dated 20/03/2020
5. Advisory to secretary, Ministry of Housing and Urban affairs to ease the hardship being faced by workers due to COVID-19 outbreakdated 20/03/2020
6. Advisory to all Workers and Employers' Organisations on COVID-19 Dt19/03/2020
7. Preventive measures to contain the spread of COVID-19 dated 19/03/2020