Employer not paying salary
8 months ago
After working 1 month in a company, they asked me to leave without notice period due to performace issue. even after 3 month they are not ready to pay my salary. Giving me reason of low performance and it is mentioned in offer letter, they can remove me without notice or not pay me salary.
They told me that i will get only 50% salary and I denied it, now and HR is also not receiving may call
what should I do to get my salary
A.Dear client,
Employment contracts that contain provisions for termination without cause or pay in place of notice are null and unlawful and cannot be enforced. No employer may retrench or terminate an employee without following the mandatory requirements of Section 25-N of the I.D. Act of 1947, Rules 76 and 76-A of the ID(Central) Rules of 1957, and the absence of approval from the Appropriate Authority. This constituted victimisation and an unfair labour practise. So, contact the relevant office of the labour commissioner to file a complaint.
Employment contracts that contain provisions for termination without cause or pay in place of notice are null and unlawful and cannot be enforced. No employer may retrench or terminate an employee without following the mandatory requirements of Section 25-N of the I.D. Act of 1947, Rules 76 and 76-A of the ID(Central) Rules of 1957, and the absence of approval from the Appropriate Authority. This constituted victimisation and an unfair labour practise. So, contact the relevant office of the labour commissioner to file a complaint.
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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. A contract of employment putting a clause of termination without notice or, pay in lieu of notice itself makes such a contract void and unenforceable. 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 reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary and illegal termination/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 to. 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.
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. A contract of employment putting a clause of termination without notice or, pay in lieu of notice itself makes such a contract void and unenforceable. 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 reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary and illegal termination/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 to. 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.
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