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Delayed dues from employer
7 months ago
I was working in a private company from last 15-16 months and they fired me in August without any notice and any proper reasoning for termination in the email. They didn't give me the salary of July as well and demanded some receivables/documents related to work and told me that the dues will be cleared 45 days within/after the termination email (7th August). I submitted all files on 30th August and yet they aren't paying me my salary and saying that the 45 days count will start from the day of submission. Yesterday they gave me an update saying that I need to sign some documents before they pay me my remaining salary or give me experience letter. I am afraid that if I sign first, I may or may not get the actual amount and I won't be able to do anything after that. Is there any law that can help me with that?
A.Dear Client,
It appears from the contents of your query that all the actions of the Company taken against you is arbitrary, illegal and unjustified too especially in the absence of compliance with the mandatory provision of relevant law that deserves to be challenged before the concerned authority/forum for desired relief. Sec.25N(1) of the Industrial Dispute Act, 1947 prescribes the conditions precedent for retrenchment or termination of an employee or workman that says the termination of an employee/ worker for any reason other than by way of disciplinary action, then the employee is to be given 3 months prior notice and payment in lieu of notice. On cessation of employment pursuant to illegal termination, an employer cannot ask you to sign any papers on the condition of releasing your unpaid salary and experience letter and such an approach sounds like illicit intention with ulterior motives. So, in the prevailing situation, 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 after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the Company over alleged illegal termination from service in contravention of mandatory provision of Sec.25F of the Act and unfair labour practices for redressal of your grievance. You can also file an application under Sec.33C(2) of I D Act before the Labour Court concerned for recovery of your dues receivable from the employer. Otherwise, you have to file a civil suit against the company before the Civil Court for appropriate relief.
It appears from the contents of your query that all the actions of the Company taken against you is arbitrary, illegal and unjustified too especially in the absence of compliance with the mandatory provision of relevant law that deserves to be challenged before the concerned authority/forum for desired relief. Sec.25N(1) of the Industrial Dispute Act, 1947 prescribes the conditions precedent for retrenchment or termination of an employee or workman that says the termination of an employee/ worker for any reason other than by way of disciplinary action, then the employee is to be given 3 months prior notice and payment in lieu of notice. On cessation of employment pursuant to illegal termination, an employer cannot ask you to sign any papers on the condition of releasing your unpaid salary and experience letter and such an approach sounds like illicit intention with ulterior motives. So, in the prevailing situation, 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 after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the Company over alleged illegal termination from service in contravention of mandatory provision of Sec.25F of the Act and unfair labour practices for redressal of your grievance. You can also file an application under Sec.33C(2) of I D Act before the Labour Court concerned for recovery of your dues receivable from the employer. Otherwise, you have to file a civil suit against the company before the Civil Court for appropriate relief.
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A.Dear Client,
2 / 2
I'm not a lawyer, but I can provide you with some general information that may help you understand your situation. When facing issues related to employment termination and salary dues, it's essential to consult with a legal expert who specializes in labor and employment law for specific advice tailored to your case.
Here are some general steps you can consider taking:
Review Your Employment Contract: Start by reviewing your employment contract, offer letter, and company policies. These documents may outline the terms and conditions related to termination, notice periods, and salary payments.
Contact Your HR Department: Reach out to your company's HR department to inquire about the status of your pending salary and the reason for withholding it. Request clarification on the additional documents they are asking you to sign.
Seek Legal Advice: Consult with an employment lawyer to understand your rights and options. They can advise you on how to proceed, including whether the documents the company wants you to sign are reasonable and in compliance with labor laws.
Negotiate: If you are concerned about the documents they want you to sign, negotiate with the company to ensure that your rights and interests are protected. An attorney can help you with this negotiation.
Document Everything: Keep records of all communications, including emails, messages, and documents related to your termination and pending salary. This documentation can be valuable if you need to take legal action.
File a Complaint: If discussions with your employer and negotiations do not lead to a resolution, you may consider filing a formal complaint with the labor authorities or a relevant labor tribunal in your jurisdiction. Your attorney can guide you through this process.
Mediation or Arbitration: Depending on your employment contract, you may explore mediation or arbitration as a means to resolve disputes without going to court. This can be a faster and less costly option.
Labor Laws and Regulations: Familiarize yourself with the labor laws and regulations applicable in your jurisdiction. Different countries and states have specific labor laws that govern employment-related matters.
Thank you.
2 / 2
I'm not a lawyer, but I can provide you with some general information that may help you understand your situation. When facing issues related to employment termination and salary dues, it's essential to consult with a legal expert who specializes in labor and employment law for specific advice tailored to your case.
Here are some general steps you can consider taking:
Review Your Employment Contract: Start by reviewing your employment contract, offer letter, and company policies. These documents may outline the terms and conditions related to termination, notice periods, and salary payments.
Contact Your HR Department: Reach out to your company's HR department to inquire about the status of your pending salary and the reason for withholding it. Request clarification on the additional documents they are asking you to sign.
Seek Legal Advice: Consult with an employment lawyer to understand your rights and options. They can advise you on how to proceed, including whether the documents the company wants you to sign are reasonable and in compliance with labor laws.
Negotiate: If you are concerned about the documents they want you to sign, negotiate with the company to ensure that your rights and interests are protected. An attorney can help you with this negotiation.
Document Everything: Keep records of all communications, including emails, messages, and documents related to your termination and pending salary. This documentation can be valuable if you need to take legal action.
File a Complaint: If discussions with your employer and negotiations do not lead to a resolution, you may consider filing a formal complaint with the labor authorities or a relevant labor tribunal in your jurisdiction. Your attorney can guide you through this process.
Mediation or Arbitration: Depending on your employment contract, you may explore mediation or arbitration as a means to resolve disputes without going to court. This can be a faster and less costly option.
Labor Laws and Regulations: Familiarize yourself with the labor laws and regulations applicable in your jurisdiction. Different countries and states have specific labor laws that govern employment-related matters.
Thank you.
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