Termination from employment and then subsequent employment (same firm) no pay
3 years ago
I was employed in a big firm in 2019. This firm at the onset of Covid -19 decided to terminate my employment by asking me to resign else they will initiate a proceeding to terminate for poor performance which will spoil my career record. They asked two months notice as against three months in the contract.
However I asked if I change my department can I continue to which they said it is fine. After I change of department was confirmed still they asked me resign as the resignation will be withdrawn once the department change will be affected. However the department change did not happen, instead I was given an assurance that I leave that they will be take me through contract employment once I take a release through current employment
However I have worked in the leadership position for 4 months post my release and still not received any salary or the contract for on boarding
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can claim damages from them for breach of your employment contract, unless there is a clause which states that the notice period maybe cut short in certain circumstances. A civil money recovery suit can be filed against the company to recover your salary and any other dues.
If you found this helpful, please rate us.
You can file a suit claiming damages for breach of your employment contract.
A civil suit for money recovery can also be filed to get your pending salary and any other dues.
If you found this helpful, please rate us.
Sanjay Kumar Jha
Responded 3 years ago
If you do not fall in criteria of labour by salary breakup, then as per notice terms you may be asked by company to do so. But CVIDo period would not vitiated terms of notice period. Hence you may issue legal notice for your due F nF .
Thanks
Applicability of Factories Act and Shops & Establishments Act for NGOs in Karnataka
Can company enforce non-poaching in case of severance
Family pension eligibility
EPFO claim rejected due to service overlap
Epfo entry for dual company
