First ask to leave company when ask for salary (terminated verbally) and now asking to give resign First ask to leave company when ask for salary (terminated verbally) and now asking to give resign

5 years ago

Hello Sir,
On 4th oct i went to my boss to ask about salary status and he said will be doing till 10th of this month and i went back. After sometimes he & hr called me and said since you don't trust us and you are not performing well and customers are not satisfied (which is wrong) we are terminating you with immediate effect. Today on 10th i mailed them regarding salary which they were suppose to pay me. After that received call from HR, she said you need to put resignation only then company will pay your pending july and aug salary by today evening and sep salary within 45 days and oct 4 days will be adjusted in your leaves. When i ask her to put it on mail she refuse to mail me. She said after you resign i will be mailing you this (i have call recording). After this i called x-colleague where i came to know same thing has happen with him and hr haven't replied on his resignation mail yet. Its been over month she haven't replied. Now i am scared what to do? Should i get terminated(havent received mail of termination yet) or resigned? In which situation i will get my entire salary ?

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client kindly approach the Labor Commission for Conciliation.if there will no outcome then file case into court for resolution
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ARPIT BATRA

Responded 5 years ago

A.Moving step by step is recommended. 1st step should be approaching Labour Commissioner and subsequently, the competent courts. Regards
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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Approach the Labor Commission for Conciliation under following provision of law
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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Vidhi Samaadhaan Vidhi Samaadhaan

Ambrose Leo

Responded 5 years ago

A.You have to issue a legal notice through the panel of Vidhikarya High Court Lawyer expert in Labour & Employment and Service Matter lawyer for quickly issueing legal notice & demand your pending salary under the payment of wages act 1936.
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Rajender Prasad

Responded 5 years ago

A.For details pl. contact some advocate through vidhikarya.com
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Rameshwar Dadhe

Responded 5 years ago

A.By advocate Rameshwor dadhe dear sir please you file complaint to the labour commissioner office. If not get Ur salary then move to the court
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Vidhi Samaadhaan Vidhi Samaadhaan

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
I hope you are working for Private Company and not sure whether it is a national or State or MNC. Everything depends on your contract with regard to salary,increment,probation,transfer,leave, place of posting and time ,duration etc. So, unless and until you tell about your contract nothing can be said on assumption. But, one thing is clear if you feel that, you have been fired because no fault of yours then you should fight back so that others do not suffer.Do you have a Welfare Officer in your Company to look after the Employer Employee Relationship, or PRO who gives a different image of the company to the Public?Talk to them.If nothing comes out go to the Court of Law.Make sure to read and re read your Contract.
Find out a good Lawyer to file your Case.
Shanti Ranjan Behera,Advocate
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Vishwabandhu

Responded 5 years ago

A.Dear client tell me when u joined that company ? Have u any appointment letter ? what were the terms and conditions of that company ? Is it Private Ltd company ?
Dear client let me know the facts. After it the best way is that u serve a legal notice to them and let them answer.
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