Non Payment of Salary after resignation
10 months ago
Hello sir/madam, I have resigned after serving the notice period from my job as a teacher in an renowned English teaching coaching institute. I was hired directly and no offer letter or employment contract was given to me. After resignation I was clearly refused for my salary stating that I have been in contacts of students after resignation and the students are giving negative review after they have met me. I want to know what legal rights do I have.
A.Dear client,
Please send a legal notice to your employer with the help of a lawyer. In case he doesn't respond then you have the following remedies:
1. Approach the Labour Commissioner
You can approach the labour commissioner and convey the issue to the commissioner. It is advised that a copy of the legal notice sent to the employer, employment contract, a bank statement is attached to the complaint filed before the labour commissioner. The labour commissioner’s duty is to reconcile the differences between the employer and employee.
2. Approach the Labour Court
If the labour commissioner fails to provide a solution, then you can approach the labour court. This suit can be filed under the Industrial Disputes Act, 1947. However, this suit must be filed within 1 year from the date from which the salary is due. The Labour Court has to decide the case within 3 months.
Please send a legal notice to your employer with the help of a lawyer. In case he doesn't respond then you have the following remedies:
1. Approach the Labour Commissioner
You can approach the labour commissioner and convey the issue to the commissioner. It is advised that a copy of the legal notice sent to the employer, employment contract, a bank statement is attached to the complaint filed before the labour commissioner. The labour commissioner’s duty is to reconcile the differences between the employer and employee.
2. Approach the Labour Court
If the labour commissioner fails to provide a solution, then you can approach the labour court. This suit can be filed under the Industrial Disputes Act, 1947. However, this suit must be filed within 1 year from the date from which the salary is due. The Labour Court has to decide the case within 3 months.
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A.Dear Client,
Even if you were directly hired, in the absence of any offer letter or contract of employment how do you come to know the tenure of notice period required for tendering resignation from an establishment? Is there any evidence that supports your engagement in the establishment apart from the offer letter like, a pay/salary slip/register, daily attendance register, list of assignments issued by the Institute during the tenure of engagement, Is there anything that supports your claim, then the feedback from the student regarding your performance/involvement after resignation cannot be ground or condition of withholding of Salary or F & F Settlement. In the prevailing situation, you may serve a legal notice to the Institute and visit the concerned Licensing Authority of the Coaching Institute to resolve your grievance failing which you may file a complaint before the concerned Labour Commissioner against the Institute for adopting unfair labour practices.
Even if you were directly hired, in the absence of any offer letter or contract of employment how do you come to know the tenure of notice period required for tendering resignation from an establishment? Is there any evidence that supports your engagement in the establishment apart from the offer letter like, a pay/salary slip/register, daily attendance register, list of assignments issued by the Institute during the tenure of engagement, Is there anything that supports your claim, then the feedback from the student regarding your performance/involvement after resignation cannot be ground or condition of withholding of Salary or F & F Settlement. In the prevailing situation, you may serve a legal notice to the Institute and visit the concerned Licensing Authority of the Coaching Institute to resolve your grievance failing which you may file a complaint before the concerned Labour Commissioner against the Institute for adopting unfair labour practices.
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