My employer terminated me without any notice
1 year ago
Hi
I joined a company 40 days back, they didn't give my offer letter. Yesterday the Admin called me at night and told me that sir asked me to not come office from tomorrow for time being, since there is no marketing person to coordinate my work. Then I asked about salary? Reply salary will be given till the day you have come to office
Before.
So I called the MD and asked how can you inform suddenly without any notice, he saying if you want you can take notice ( in an arrogant tone) I said anyway I'm not going to come after this. Since he doesn't have a proper answer, he just said okay and disconnected.
He removed me from all office WhatsApp group.
I've recorded all the call with him and the admin.
Should he pay me full month salary? Do i have the right?
Do i have any rights here?
Please help
In India many private and MNC companies following the system of “Hire and Fire” of the Employees. The employees have no bargaining power. If you make any issue in respect of your disagreement then feedback will be worse and thus you can lose a chance to get jobs in New companies also. Better be patient and go to the office of labor Commissioner and try to resolve your issue amicably under the following provision of law.
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(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 conciliationofficer 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.]
Is there any proof to show that you were employed with the company? If yes then probably you can take legal action against them if not then it will be a herculean task for you to challenge them
Anonymous
Replied 1 year ago
I have the recording of the call, where they say that I'm selected and my salary package, attendance report in WhatsApp group. Other than that i don't have offer letter.
Sir
Shouldn't they pay me full month salary, inspite of i didn't last five days because of them
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