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Salary dues

(Querist) 28 August 2015 This query is : Resolved 

Dear sir/mam,
I am mahendra patil .I was working in boiler manufacturing company since last seven yrs. Now I am starting my partnership co. alongwith co-staff in boiler mfg field.we are four partners in co. During this period we are doing jobs. We are received our co.registration in july first week.And last of july the our employer came to know the our company details.Afterthat employer sms me to take one week break .Till date the employer is not called me for rejoined.But other my partners are still working there.i.e. the employer removed only from the post.
Iam not interested tojoin there. But my last six months salary is pending.The employer is not even reply my sms regarding salary pending.
Sir, I am physically handicapped. Is there illegal to start my partnership while doing job? Pls give advise this matter & how to get back my salary?
Rg
mahendra
Kumar Doab (Expert) 28 August 2015

It shall be certainly appropriate to show all documents and records e.g. appointment letter, all rules and policies mentioned in appointment letter and applicable e.g. Conduct and Discipline Rules etc, standing orders (certified/model), to an able Labor Law Consultant/Service Matters lawyer/Law Firm, and proceed further after understanding merits and options.

Usually it is mentioned in appointment letter/service conditions that employee can not engage in any other profitable enterprise while in employment……………..
However in your case the employer has not paid for the last 6 months salary and probably you were contemplating to submit notice of resignation/resignation by post and firm up another source of livelihood.

You have probably not started the business in new Prop. enterprise.

The strategy of employer seems to be that: penalize you alone and motivate others to give evidence against you and leave the firm. Usually employers do not like employees to be their competitors in future.

Prefer to proceed further thru your counsels specializing in labor-service matters.

mahendra (Querist) 28 August 2015
There is no appointment letter & no agreement between us.
Kumar Doab (Expert) 28 August 2015
To my post that: "It shall be certainly appropriate to show all documents and records e.g. appointment letter, all rules and policies mentioned in appointment letter and applicable e.g. Conduct and Discipline Rules etc, standing orders (certified/model), to an able Labor Law Consultant/Service Matters lawyer/Law Firm, and proceed further after understanding merits and options."




Your response is that: "There is no appointment letter & no agreement between us. " You have not confirmed the existence and applicability of instruments other than appointment letter/contract of employment!


You may confirm!

Rajendra K Goyal (Expert) 29 August 2015
It is irregular to start private business in the same field / in competition with the company you are employed.

Instead of sending SMS send registered notice, claim all your dues.

Without charge sheet / disciplinary proceedings termination is illegal.
mahendra (Querist) 30 August 2015
Dear sir,
thanks.Is it illegal to start business while doing the job in same field? can it is possible that the employer do legal action against me?
Kumar Doab (Expert) 30 August 2015
Generically speaking : NO!

You have NOT answered the points raised by me in my last post.


Had you answered I could have posted some more inputs for you.
mahendra (Querist) 31 August 2015
pls give me registered notice format for claim all your dues.I would like to send them by sms.i wanna avoid to legal action
Kumar Doab (Expert) 31 August 2015
You have NOT answered the points raised by me in my last post.................e.g. existence and applicability of standing orders!


Had you answered I could have posted some more inputs for you.



You have posted that:

"Afterthat employer sms me to take one week break .Till date the employer is not called me for rejoined."


It shall be paid 1 week break.
After that you should have joined.

During this week employer might have taken the statement of other colleagues.



Your local lawyer can draft the notice for you.
mahendra (Querist) 31 August 2015
There is no appointment letter is given to me by the employer at the time of joining.It is mutual understanding at that time. At joning date the co. is small partnership.
Kumar Doab (Expert) 31 August 2015
In that case you may succeed to claim that there was no clause/agreement on Non -Compete, Non-Solicitation and alternate gainful employment...........




The employer on its part may claim that you accepted appointment without appointment letter and Service Rules state............you can not enter into any agreement of gainful employment etc.........



Your able Labor Law Consultant/Service Matters lawyer/Law Firm,can advise you further.


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