Immediate relieving by employer
1 month ago
I've resigned 40 days back and the employer asked me to relieve me after 90 days as per company policy but now asking me to relieve me immediately.. So I have 60 days balance .. Should my employer pay me for the rest of the 60 days or not??
If you are relieved on your resignation by your employer earlier than the required notice period, then you are entitled to the salary up to your last working Day(LWD). If the company refuses or withholds your salary, then serving a legal notice reach out to the office of the concerned Labour Commission to file a complaint against the company for unfair trade practices, provided you are a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1947 and also file an application under Sec.33C(2) of the I D Act before the concerned Labour Court for recovery of dues receivable from the Company on resignation. Otherwise, if you are holding a position of Manager or Administrator in the Company then you have to file a civil suit against the Company for recovery of your dues.
If your employer is unwilling to pay you for the two months' salary, you are not obligated to resign from your job. It is important to assert your rights and seek resolution for the unpaid salary. If necessary, you can contact the labor department for assistance in addressing the issue and ensuring that you receive the salary owed to you. The labor department can guide you through the appropriate procedures and may intervene to help resolve the matter.
If your employer is not ready to pay 2 months of salary then you need not relieve from the job. If there is any force contact labor department.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
(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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