Leave without Pay
3 years ago
I have been working for a company for last 15 years in different capacity at mid managerial level in different locations. The TnC of employment has exit rules of 3 months salary or notice from company side or my side. No arbitration clause. During Covid in July company suddenly declared LWP for few employees and rest salary revised upwards after severe cut in q1. Till date that LWP still continues for 2-3 people rest reinstated or resigned. I wrote letter to HR for consideration as i was in transfer posting etc but they didnt reply anything neither they gave the option of 3 months salary for exit. They also without any information or reasoning reduced my appraisal ratings for reducing the incentive money of last year performance. What legal options do i have to claim compensation and legitimate dues from the company
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can definitely sue the company under the provisions of Industrial Dispute Act or under the Payment of Wages Act. A suit can also be filed under the Indian Penal Code for committing fraud.
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Vaidehi Samant
Responded 3 years ago
If you find this advice helpful then kindly provide*****.
In cases of unpaid salary, you can (i) approach the labor commissioner to reconcile the matter, or (ii) file a suit under Section 33(c) of Industrial Disputes Act, 1947 for recovery of money due from an employer, or (iii) file a case with the competent authority under Payment of Wages Act 1936.
For executives and managers earning above Rs. 18,000/-, a summary suit under order 37 of the Code of Civil Procedure can be pursued, preferably following a legal notice to the company to clear unpaid salaries. A company may also be booked for fraud under Sec 447 of Companies Act 2013 or under the Indian Penal Code.
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