Regarding the salary for the days worked in a company before resignation
1 month ago
I started working at a new company as a fresher on December 6, 2023. It was my first job. During the interview process, they stated that I would be on a 3-month probationary period and, based on my performance, they would consider hiring me for a longer period. Upon joining, I didn't receive a written offer or appointment letter. All communication was verbal. After a month, I decided to resign due to some personal issues. They paid me for the month of December. However, they told me that I couldn't resign because I had agreed to the contract. I hadn't signed any agreements, and they hadn't mentioned their policies during the interview, such as a notice period. They only spoke about commitments.
When I informed them of my resignation on January 15th, they asked me to work remotely on weekends (Friday and Saturday) so that they could find a new candidate. I agreed to this. However, after three days of remote work, I couldn't continue due to some issues. I informed them that I would be resigning completely on February 1st. They informed me that they would pay me for the working hours. On February 10th, they called and asked for the social media information of the company, since I worked as a social media marketer there. They mentioned that they had hired a new worker and would pay me for the working days.
When I inquired about my salary, they asked me to wait, and I waited for two months. Upon asking again in March, they told me that they couldn't give me my salary because I had violated their policies by talking about their notice period, which they hadn't mentioned to me. They also hadn't informed me about any policies, and I hadn't signed any documents about them when I joined. They are now claiming that I agreed to work for them for a year, which is not true. I am unsure what to do and whether I can receive payment for the 18 days that I worked in January. Who is legally correct in this situation? Please advise.
You have two options to seek appropriate relief regarding your dues from the company:
1. Approach the concerned Labour Commissioner or Labour Enforcement Officer (LEO) for assistance in the matter. They can provide guidance and support to help resolve the issue.
2. File an application under Section 33C(2) of the Industrial Disputes Act, 1947 before the Labour Court. This application allows you to claim your dues from the company through legal means.
Consider these options carefully and choose the one that best suits your situation and preferences.
In the given situation, either you can approach the concerned Labour Commissioner/Labour Enforcement Officer(LEO) for appropriate relief in the matter or file an application under Sec.33C(2) of the Industrial Disputes Act, 1947 before the Labour Court claiming your dues from the Company.
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.]
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