Salary
3 years ago
I am working with an export house as an Executive Assistant for the past 4 years.
Recently, on 25th May, I received a notice of cessation of my services, stating reasons as:-
1) That the industry is adversely affected due to Covid-19 pandemic and facing severely operational and financial challenges and the company is no exception.
2) That my role has been identified as one of those that has significantly reduced in terms of function and scope
The company is also unwilling to pay my salary for the months of April and May'20, although I have worked from home during this period.
In the intent of not paying salaries, the company has created a new policy in May'20 in which they are paying to employees as per recorded login time.
Like always, I did all the possible tasks over WhatsApp, phone calls, and emails in these months, although my roles and responsibilities were independent of login time.
They have kept my role under the new policy and they are not paying my salary for the months of April and May'20
Q1 Can a legal notice be sent to the company for claiming full salary for April and May'20?
if yes, should it be done before or after the notice period? (Notice period is 25 May to 24 June'20)
Q2 Does my case fall under Civil suit or labor law. (I am working as Executive assistant to CMD.)
Q3 Can a company, as mentioned above, form a policy during the lockdown and exempt an employee from paying the salaries.
Q4 Can I also challenge the company for Cessation also? (as it is done in the lockdown period.)
Thanks
Ayantika Mondal @ Prime Legal
Responded 3 years ago
2. This falls under ID law and a separate court is there as per the state. ( mediation through labour inspector is mandatory to file this).
3. This require complete understanding of the issues, reading through your offer letter, state law etc.
4. Yes 100%, it is illegal
Adv. Sarika Khude
Responded 3 years ago
My answers are as follows
Q1 Can a legal notice be sent to the company for claiming full salary for April and May'20?
Ans. Yes, along with relevant ciculars and representation to the labour Commissioner
if yes, should it be done before or after the notice period? (Notice period is 25 May to 24 June'20)
Ans. Aftet notice period
Q2 Does my case fall under Civil suit or labor law. (I am working as Executive assistant to CMD.)
Ans.Labor courts have no jurisdiction as you are not WORKER. But read section 12 of Industrial Disputes Act under which Labour Commissioner has powers
Q3 Can a company, as mentioned above, form a policy during the lockdown and exempt an employee from paying the salaries.
Ans. No, circulars are issued by Labor department of Central Government. You can get the same from me.
Q4 Can I also challenge the company for Cessation also? (as it is done in the lockdown period.)
Ans. It can be done in civil Court and claim huge compensation
1) Given that the present lock down has forced factories/offices to be shut down, log in time through zoom calls, telephone chats cannot be used as reference point for attendance.
2) Your employer is duty bound to pay you
a) April , May 2020 salary in full and
b) You are eligible to claim notice pay (period in lieu of notice)
3) It is highly illegal for the company to change policy(i.e marking attendance of employees based on log in time on zoom, whatsapp, telephone etc).
4) You can challenge the company in
a) Civil Courts/ Labour courts (Labour court will have jurisdiction if an employee gets a salary of less than Rs15000 per month and Civil Court will have jurisdiction if an employee gets a salary of more than Rs15000 per month).
5) You can also challenge the termination in civil court, if the company has acted arbitrarily (i.e if there were no consultation process between company management and you prior to termination of your services etc).
Hope this information is useful.
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