One month salary will be deducted if terminated
5 years ago
I have been terminated from company (verbally) no mail received from hr. On asking for salary she ask to resign. When I ask for termination letter over phone she said if we terminate you as per our company rules we won't be able to give one month salary. When I ask her to mail she refused saying I have instructions from higher authority not to mail. My question is do we have such rule that on termination employees is not liable for last month salary.
ARPIT BATRA
Responded 5 years ago
A.Kindly share your job letter / agreement with employer to get better solutions.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client kindly provide me your job contract paper. need to overview all terms and conditions.if any other unlawful condition are there then you can approach to labour court
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A.Dear Sir/Madam,
You may resolve the issue by issuing the legal notice and/or approaching Labor Commissioner under the following provision.
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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.]
You may resolve the issue by issuing the legal notice and/or approaching Labor Commissioner under the following provision.
=====================================================================
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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A.Dear Client,
Detail information required to give any legal opinion.
First point is have any signed any contract/agreement? What are the terms and conditions with regard to resignation/discharge etc.?Normally when one employee leaves the Company get salary,PF,Gratuity etc. but I have never heard of this type of case which is typical in nature.Please do let us know the details.
Shanti Ranjan Behera,
Advocate
Detail information required to give any legal opinion.
First point is have any signed any contract/agreement? What are the terms and conditions with regard to resignation/discharge etc.?Normally when one employee leaves the Company get salary,PF,Gratuity etc. but I have never heard of this type of case which is typical in nature.Please do let us know the details.
Shanti Ranjan Behera,
Advocate
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Rameshwar Dadhe
Responded 5 years ago
A.By advocate Rameshwor dadhe dear sir go to the labour commissioner office and make complaint against them. File cases in labour court for payment recovery suit
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