byjus not pay my trsining period salary 21 days
1 month ago
Sir i want to ask that byjus trainer say that its day one salary training process but after 21 days firstly thay say that your job location will change approx 50 km in other city, but i maild him that i am ready but i want few time to relocate but after these day they maild me that i am regected or not shortlisted for this position. and thay run away to give me my salary and they say that we are not responsible. what should i do?
If you have documentary evidence from Byjus offering employment after the training period, you may consider filing a complaint against Byjus for breach of the employment contract, citing unfair labor practices. This complaint can be submitted to the relevant Labour Commissioner for resolution.
However, it's important to note that probationers or trainees are typically not considered permanent employees, and standing rules or regulations may not directly apply to regulate or resolve disputes between probationers/trainees and employers. As a result, even if you file a complaint before the labor authority, there is no guarantee of relief in this specific situation.
It is recommended to carefully review any employment contracts, terms, or conditions provided by Byjus and seek legal advice to understand your rights and potential courses of action in accordance with employment laws and regulations.
If you possess any documentary evidence from Byjus offering employment post-training period, then for breach of contract of employment, you can file a complaint against Byjus for the commission of unfair labour practice before the concerned Labour Commissioner to resolve the issue. But, typically, a Probationer/Trainee is not treated as an employee in the permanent role of the Company, so standing rules or regulations do not apply to the probationer/trainee to regulate or resolve the dispute between a probationer/trainee and an employer. So, relief cannot be ensured even if your complaint is made before the authority.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
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.]
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