Termination in the middle month Termination in the middle month

1 year ago

If a candidate is been terminated in the middle month and has been working for since last 4 months will he be getting is full salary with notice pay and job security money deducted from his monthly salary?

Subhashis Paul

Responded 1 year ago

A.Yes since you were employed with the concerned company for the last four months and you have served the company without any fail then the concerned company is bound to provide you the legitimate salary due to you along with the job security money which was paid by you to the employer. If the concerned company fails to pay you all the legitimate money then kindly send a legal notice to the concerned company with the help of an advocate. If still the concerned company fails to comply with the said legal notice then sue the concerned company before the competent company tribunal of your local jurisdiction for getting the relief as prayed by you along with compensation.
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Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
u r under the probation period and u may get pay for all the working days and u may get security money kept with your employer. U may approach the following authority.
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Please approach the following authority or similar authority in a state


The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
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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.]
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Anonymous

Replied 1 year ago

And the company is saying they will pay only for those working days till when I was terminated and showing in my no dues certificate of the company as showing zero claims, whereas I have a call record with me where it stated that he will pay me back after six months if I don't leave the job within that period, but just for an argument, he terminated. Still, my salary is not paid to me and asked to wait till the day my salary give away on the 10th of every month.

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