Experience/releiving letter
3 years ago
Hello, i work in a private comapny which is based out of US and operates from India, mumbai. Company said that they will pay us only half salary during Covid19 for a month however it’s third month and we are still getting paid only half a salary. I resigned from the company on June 23rd however the company is now asking me to serve 2 months notice as per the contract. I m already in debts and will not be able to continue for the nect 2 months with half salary. Can I quit the company and can the company stop me frm providing the experience letter,??
Sidhaarth
Responded 3 years ago
A.You have no option against employer. Supreme court has already given relaxation to employers, companies if they do not pay salary to its employees. The provisions of insolvency stand suspended for next six months commencing from 24.03.2020 and the same is likely to be extended. If you approach court for recovery then firstly it is time consuming and further the employer shall take plea of force majeure due to Covid19. So and employee is at mercy of employer. It is advisable to accept the salary as paying by employer and later when situation improve then insist for balance salary. Do not give anything in writing giving up your balance salary. So act prudently.
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SHAIKH IRFAN KHAMAR SHAIKH
Responded 3 years ago
A.I would like to know about your appointment letter inooder to see is there any para about notice.
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A.https://labour.gov.in/advisories-covid-19
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
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.]
EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
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.]
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Rameshwar Dadhe
Responded 3 years ago
A.Everyone facing such issues you will need wait some time otherwise you can approach to the court
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A.Yes, the company can stop you from providing experience letter, Relieving letter, other benefits etc. & that is what they have signed from you before while joining. Atleast your company has paid HALF SALARY we are having complaints from people who have NOT got any Salary or only 25% of the Salary. Be grateful to your current Company, as outside the situation is worst & many layoff without proper Notice. Finally the call is yours, decide very carefully before joining any NEW company .
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ADV. ANISH PALKAR (High Court)
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. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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