Salary and Pf Salary and Pf

9 months ago

My employer , terminated me with out any notice period because my performance is low.July 15th they Terminated me, any salary& amount not at credited,they are forcing me to resign.Please give me a suggestion

Anik

Responded 9 months ago

View All Answers
A.Dear client,
This is against the laws. No employer can harass you. Please file a complaint before the labour commissioner. Additionally you can refuse to resign and allow them to terminate your services, after which you can approach high court with a writ petition seeking reinstatement of your services if the termination order is illegal.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 9 months ago

View All Answers
A.Dear Client,
It is mandatory on the part of the Company to serve notice of termination to an employee in compliance with the provision of Sec.25F and 25N of the Industrial Dispute Act, 1947. In the absence of compliance of said mandatory provision of law, the termination from employment other than for a cause of proven misconduct, shall be termed as illegal termination by way of victimization and unfair labour practices on the part of the employer who cannot even force you for resignation. In the prevailing situation, reach out to the office of the Labour Commissioner concerned for redressal of your grievance by making a complaint against the Company for the unjustified action that proves the victimization of an employee and unfair labour practice on their part. In case your Company falls under the purview of the Shops and Establishment Act then you need to visit the office of the concerned Chief Inspector, under Shops & Establishment of the respective State for redressal of your grievance failing which you need to serve a legal notice to your employer for payment of dues within 10 days of receipt of notice failing which you are required to file an application under Sec.33C(2) of the I D Act before the concerned Labour Court claiming entire dues from the employer. In case, you need any assistance in this regard you may contact our legal team along with all the relevant papers.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconAlready Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Dear Client, Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then y...
question iconRegarding obc NCL reservation
Dear Client, There is a general reservation of 10% for the children of BSF officers in the BSF itself, but other general reservation quota depends on the institution.
question iconContractual Employer deducting PF
Dear Client, the Industrial Disputes Act of 1947 defines layoff, it excludes employees in management or supervisory positions. The Act also states that an employee must be a 'workman' to be eligible...
question iconPf overlapped and now jobless
Dear Client, Since your employment with the old company is based on contract for two months, you need to fulfill the said period and resign from the company by following the exit procedure. In case of...
question iconEmployment advice
Dear Client, A manager cannot initiate the resignation process on behalf of the employee without the employee's consent. It is considered as a unethical practical and can have legal implications. You...