Recently I have joined (03-12-2019))a start up IT company . Pre-joining, there were lot of false words starting from HR facilities to projects. After joining, I have found all are false communication. Even, they are unable to pay the salary to me and moreover, they have also failed to pay the rent for the office space. Due to this, office authority has denied access to their space for which we have been asked to do work from home for few days. My intuition is that the employer is doing this kind of things intentionally to close the company as they are unable to grow. I had left a permanent job to join this company and compromised with few points before joining due to some personal problem but I never thought that my job will be in danger within only two months. I have a four members family to feed and bank EMIs to pay. I am really at trouble by this situation and thinking to go FOR legal assistance in the following condition
1. If my employer does not pay the promised salary but they would try to close the company or lay me off without sufficient notice along with the monetary compensation.
My questions are-
a- First and foremost- Can I go for legal assistance in such case
b- If yes, under which legal jurisdiction, the above mentioned case falls?
c- Do I need to do FIR against the company if they shutdown the company without notice and compensation?
d- Can I claim a compensation to my employer through legal proceeding?
e. The company is located in Kolkata, do I need to do all my legal activities only from Kolkata or I can go to the local court also?
f- Any other advice in this regard would also be highly appreciated.
I am hiding my original name and address(email) for now. Please forgive me for that. But all the other information provided are true and factorial.
A.Dear Sir,
You have two options one you can lodge complaint with police and second get issue a legal notice and start civil litigation.
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Chitra Sundar
Responded 4 years ago
A.Yes, you can avail legal remedy. More than a criminal complaint, you may file a civil suit claiming damages and compensation. If the company is going to losses, you will not benefit by launching a criminal prosecution. In the case of civil remedy, you may file it in the jurisdiction where you stayed or worked from. Without further details, it is difficult to provide a comprehensive advice.
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Suneel Moudgil
Responded 4 years ago
A.1. your claim from the employer depends upon the job agreement/appointment letter,
2. jurisdiction will be kolkata only,
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US FARGI COMPANY KE BIRUDH LOCAL THANE ME COMPLAINT DAYER KARE AUR CYBER CRIME CELL KO LIKHITRUP SE AVIZOG KARE. APKA COMPLAINT KA INVESTIGATION KE BAD HI APKO RAHAT MIL SAKTA HAI.
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Need legal advice on employer's fraudulent promise and non-paid salary
Penalty for work from home job form filling
