Salary - compensation along with my salary
9 months ago
Can I ask compensation along with my salary and pf because my employee terminated me without notice period because of low performance .it is a private VFX and animation company.
A.Dear Client,
Termination from employment without serving notice may be termed as illegal termination/retrenchment and amount to unfair labour practice on the part of the Employer. Without complying with the mandatory provision of Sec.25-N of I D Act, 1947, and Rules 76, and 76-A of ID(Central) Rules, 1957 and in the absence of permission of the Appropriate Authority, No employer can retrench/terminate his employee which amounted to victimization and unfair labour practice. So if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then in the absence of compliance of the above provision of law, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary and illegal retrenchment from employment without compliance of the mandatory provisions of I D Act failing which you can also raise an industrial dispute before the concerned Labour Commissioner and I D u/s.2A of I D Act directly before the Central Govt. Industrial Tribunal or State Industrial Tribunal depending upon the class of establishment you belong claiming reinstatement in service with back wages. Apart you can also file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal you may contact our legal team with the relevant papers.
Termination from employment without serving notice may be termed as illegal termination/retrenchment and amount to unfair labour practice on the part of the Employer. Without complying with the mandatory provision of Sec.25-N of I D Act, 1947, and Rules 76, and 76-A of ID(Central) Rules, 1957 and in the absence of permission of the Appropriate Authority, No employer can retrench/terminate his employee which amounted to victimization and unfair labour practice. So if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then in the absence of compliance of the above provision of law, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary and illegal retrenchment from employment without compliance of the mandatory provisions of I D Act failing which you can also raise an industrial dispute before the concerned Labour Commissioner and I D u/s.2A of I D Act directly before the Central Govt. Industrial Tribunal or State Industrial Tribunal depending upon the class of establishment you belong claiming reinstatement in service with back wages. Apart you can also file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal you may contact our legal team with the relevant papers.
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A.Dear client,
You can file a suit against the employer because of the violation of the rights in accordance with the various prevailing laws. Normally, an employee should follow the given process if his or her rights regarding payment of due salary has been violated. :-
First of all, the employee should send a legal notice to the employer regarding payment of the due salary which was not paid to him after being fired. The employer has to answer the notice being sent to him with valid, reasonable and competent legal reasons. The action taken by the employer against the legal notice decides the further course of action to be taken by the employee.
If the due salary is not paid even after giving the legal notice. An employee after waiting for a reply for reasonable days, can file a police complaint regarding the cheating or breach of trust against the employer. The police will decide the further course of action depending upon the result of the investigation done by the police.
If his complaint is not heard by the police or the competent authority the he can approach the District Magistrate with the copy of police complaint. The matter can also be taken before the Registrar of the companies to make him aware about the malpractices and cheating done against him by the employer of the company.
Generally, the dispute gets resolved at this stage because the employer does not like to fight a long case for such amount of money. But, if it does not get resolved then an employee has further methods to get his due salary.
The employee can file a suit in Labour Court before the Magistrate against the employer for recovery of all pending dues. The employee is entitled to get the payment of even the notice period.
You can file a suit against the employer because of the violation of the rights in accordance with the various prevailing laws. Normally, an employee should follow the given process if his or her rights regarding payment of due salary has been violated. :-
First of all, the employee should send a legal notice to the employer regarding payment of the due salary which was not paid to him after being fired. The employer has to answer the notice being sent to him with valid, reasonable and competent legal reasons. The action taken by the employer against the legal notice decides the further course of action to be taken by the employee.
If the due salary is not paid even after giving the legal notice. An employee after waiting for a reply for reasonable days, can file a police complaint regarding the cheating or breach of trust against the employer. The police will decide the further course of action depending upon the result of the investigation done by the police.
If his complaint is not heard by the police or the competent authority the he can approach the District Magistrate with the copy of police complaint. The matter can also be taken before the Registrar of the companies to make him aware about the malpractices and cheating done against him by the employer of the company.
Generally, the dispute gets resolved at this stage because the employer does not like to fight a long case for such amount of money. But, if it does not get resolved then an employee has further methods to get his due salary.
The employee can file a suit in Labour Court before the Magistrate against the employer for recovery of all pending dues. The employee is entitled to get the payment of even the notice period.
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