labour law
7 months ago
i have given resignation after i was called office. my final payment came only 30% of total salary giving reason my work was not upto company standard. and i have to give proof of my work to get full salary what can i do?
A.Dear Client,
Here your offer letter matters the most that governs your relationship with the Company. From the contents of your query, it appears that you were called and forced to resign even without serving any notice which is mandatorily required irrespective of class or nature of employment from both sides for cessation of employment. So, forced resignation is well-defined as illegal termination and deserves litigation if the terms of the offer letter do not support the action of the management. As regards the less disbursement of the final dues on cessation of employment, again if the offer letter does not support the action of the management that also be termed as unfair labour practice and deserves litigation. However, in case your salary is disbursed based on your performance in terms of your contract of employment, then you cannot challenge the action of the management as a matter of right. So, go through the terms of your employment i.e, the contents of your offer letter, and if it appears to you that the action of the management is unjust and unfair, then, 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, after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary and illegal termination from employment without compliance of the mandatory provisions of I D Act failing which you can also raise an industrial dispute 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. Otherwise, you have to file a civil suit against the company for recovery of your dues and appropriate relief. 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.
Here your offer letter matters the most that governs your relationship with the Company. From the contents of your query, it appears that you were called and forced to resign even without serving any notice which is mandatorily required irrespective of class or nature of employment from both sides for cessation of employment. So, forced resignation is well-defined as illegal termination and deserves litigation if the terms of the offer letter do not support the action of the management. As regards the less disbursement of the final dues on cessation of employment, again if the offer letter does not support the action of the management that also be termed as unfair labour practice and deserves litigation. However, in case your salary is disbursed based on your performance in terms of your contract of employment, then you cannot challenge the action of the management as a matter of right. So, go through the terms of your employment i.e, the contents of your offer letter, and if it appears to you that the action of the management is unjust and unfair, then, 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, after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary and illegal termination from employment without compliance of the mandatory provisions of I D Act failing which you can also raise an industrial dispute 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. Otherwise, you have to file a civil suit against the company for recovery of your dues and appropriate relief. 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,
If you believe that your final payment is not in accordance with your employment contract or is unjustified, you can take several steps to address the issue:
Review Your Employment Contract: Start by carefully reviewing your employment contract or any written agreement you had with the company. Pay attention to any clauses related to termination, notice periods, and final payments. This will help you understand your rights and obligations.
Communicate with HR or Management: Reach out to your former employer or their human resources department to discuss the situation. Seek clarification on why your final payment was reduced and request documentation or evidence supporting their claims about your work not meeting company standards.
Provide Evidence of Your Work: If you believe your work met company standards and can provide evidence to support your claim, do so. This might include performance reviews, emails, project outcomes, or any other documentation that demonstrates your job performance.
Negotiate: Attempt to negotiate a resolution with your employer. Explain your perspective and provide any evidence you have to support your claim. It's possible that there was a misunderstanding or miscommunication that can be resolved through negotiation.
Legal Counsel: If your discussions with your former employer do not result in a satisfactory resolution, you may want to consult with an employment attorney. They can assess the situation, advise you on your legal rights, and help you decide on the appropriate course of action.
File a Complaint: Depending on your jurisdiction and the circumstances, you may have the option to file a complaint with a government labor agency or take legal action to recover your unpaid wages.
Documentation: Throughout this process, make sure to keep records of all communication with your former employer, including emails, letters, and notes from meetings or discussions.
It's important to note that labor laws and regulations vary by jurisdiction, so the specific legal remedies available to you may depend on where you live and work.
Thank you.
If you believe that your final payment is not in accordance with your employment contract or is unjustified, you can take several steps to address the issue:
Review Your Employment Contract: Start by carefully reviewing your employment contract or any written agreement you had with the company. Pay attention to any clauses related to termination, notice periods, and final payments. This will help you understand your rights and obligations.
Communicate with HR or Management: Reach out to your former employer or their human resources department to discuss the situation. Seek clarification on why your final payment was reduced and request documentation or evidence supporting their claims about your work not meeting company standards.
Provide Evidence of Your Work: If you believe your work met company standards and can provide evidence to support your claim, do so. This might include performance reviews, emails, project outcomes, or any other documentation that demonstrates your job performance.
Negotiate: Attempt to negotiate a resolution with your employer. Explain your perspective and provide any evidence you have to support your claim. It's possible that there was a misunderstanding or miscommunication that can be resolved through negotiation.
Legal Counsel: If your discussions with your former employer do not result in a satisfactory resolution, you may want to consult with an employment attorney. They can assess the situation, advise you on your legal rights, and help you decide on the appropriate course of action.
File a Complaint: Depending on your jurisdiction and the circumstances, you may have the option to file a complaint with a government labor agency or take legal action to recover your unpaid wages.
Documentation: Throughout this process, make sure to keep records of all communication with your former employer, including emails, letters, and notes from meetings or discussions.
It's important to note that labor laws and regulations vary by jurisdiction, so the specific legal remedies available to you may depend on where you live and work.
Thank you.
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