Break employment agreement
6 months ago
Company not any full fill term and condition in employment agreement bond company already break the rules
In some cases, it might be beneficial to communicate with the employer to express your concerns and seek a resolution. Make sure to keep a record of these communications.
The employment contract/agreement is a legally binding agreement between employer and employee, setting out the terms and conditions that govern the working relationship, including the rights and responsibilities of the parties.The legal rights and remedies of employees alleging breach of employment contract by employers will primarily depend upon the nature of the breach alleged. However, the type of claim available to you and the manner in which this is pursued will also depend on whether you continue to work for your employer or whether your employment has come to an end. Where there has been a breach of employment contract, either express or implied, provided that you can prove you’ve suffered a financial loss as a direct consequence of that breach, you may be able to sue your employer for damages. In some cases, a claim can be brought before the Industrial Tribunal/Labour, in others, before the civil courts claiming compensation for damages. So, in the prevailing situation, for the alleged breach of employment contract/agreement on the part of the employer, it may be suggested that 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 for such an arbitrary breach of contract and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance serving a legal notice to the employer. Otherwise, you have to file a civil suit for specific performance against the employer for the alleged breach of contract before the Civil Court for appropriate relief in the matter.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Accountant in a production house
Not paid the April month salary
Salary deduction for not serving notice period
Less Full and final settlement
Already Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
