Termination from service
Bhargav
(Querist) 24 May 2016
This query is : Resolved
Sir/Madam,
I am working in a cement manufacturing company in Guwahati. I have been terminated from my service on 1st April 2016 and the company has provided me 2 months of notice period which is coming to end on 31st May 2016.
Actually the management of the company is not paying salary to its employees at regular interval of time and currently we are running through 5 months of backlog salary. On June 2015 the employees have written a letter signed by all the emplyess to the management regarding their financial crisis due to backlog of salary, but nothing has been done by the managment to sort out the issue despite of written and verbal request. On January 2016 I personally have made a complaint to the PMO office via Online Grievance system and in February a Labour Enforcement Officer (LEO) from Dy. Chief labour Commisioner office situated in Guwahati came to the office and intially shown interest to the matter. But after that there is no information from the labour department and nothing has been done till date. In the meantime the MD and CMD of the company threaten me to take legal action against me and terminnate me and the reason of termination shown as I have take the matter to outside agencies and disclose the internal joint letter written to the management on June 2015. Now it seems like they are also not willing to pay my full & final settlement which include salary w.e.f February 2016 to May 2016 and Annual benifit & Bonus for FY 2014-15 & 2015-16. So, in this matter I need advice!
Thanking You
Kumar Doab
(Expert) 24 May 2016
You have posted that:
"the reason of termination shown as I have take the matter to outside agencies and disclose the internal joint letter written to the management on June 2015. '
Is this reason stated in writing, in termination order?
Has any termination order been supplied to you?
For a proper response, While initiating such queries the querist should post the basic information e.g;
You may post the exact extract from appointment letter on termination/resignation, date of payment of wages.
What is your designation and nature of duties in appointment letter and on record/ in practice?
You were in which state ( Noted; Guwahati) ?
What is this establishment and your dept/div is registered as ; Commercial/Industrial?
Does it have Certified/Model standing orders and does it apply to your designation?
Are you a member of employees/trade unions?
What was your last drawn salary?
You were under probation/confirmed?
What is the notice period mentioned in appointment letter?
Do you have salary slips of all months, last month,PF a/c slip of each year, Form16, FnF statement?
Has employer supplied anything to you in writing?
Did you lodge any complaint or RTI application to know the status application received by DLC, date wise action taken findings etc?
It is felt that majority of the companies flocked to North East not out of love but for tax holiday, exemptions, rebates, concessions etc............
In employer has violated any conditions for availing concessions and violated law of the land then employer can be penalized.
Bhargav
(Querist) 24 May 2016
Sir,
The reason which I have stated on my query is written in the termination letter which was handed over to me on 4th April 2016.
My designation is Executive (Taxation).
No date for payment of wages was mentioned in the appointment letter. I have joined d company on 7th April 2014.
The HO of the company is located in Guwahati, Assam and plant is at Meghalaya. I am not an member of trade union and there is no union in d company.
My last drawn salary was Rs. 16,070 for the month of January 2016 and I am working at the package of 2,10,000/- per annum.
I am a confirmed employee.
2 months of notice period should be provided from either side and it is mentioned in appointment letter.
Pay slip for the month of February is with me and there is no PF as the basic is provided to maximum employees are more than 15,000.
I have not lodge any complaint nor filed the RTI application. As I ahve made online grievance so I can see the status of it and it shows from 24th of March 2016 "CASE CLOSED AND ACTION FOR REMAINING PAYMENT OF REMIANING SALARY OF THE EMPLOYEES IS UNDER PROCESS".
I have came to know from internal source of the company that the LEO was paid an amt of Rs. 8,000/- to close the matter, though I am not sure of that.
Kumar Doab
(Expert) 24 May 2016
Your other query is on other points has been answered at:
http://www.lawyersclubindia.com/experts/Non-payment-of-salary-558346.asp
You were advised to changeover in other thread.
You were advised to go thru:
http://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp
There is another thread on 'Black Money' at:
http://www.lawyersclubindia.com/experts/black-money--600176.asp
As per your wages you should be covered by the Payment of Wages Act that do not discriminate between 'Workman' and 'Non Workman'.
You can approach Inspector appointed under the Act.
The salary slip has to be supplied atleast a day before the fixed day for payment of wages (sec;13A).
It is not necessary to have a union inside the company, although employees can form 'Works Committee' and it is an authority as per ID Act.
You can lodge RTI application to know the status application received by DLC, date wise action taken findings etc
It is need of the time to:
--- unite and approach unions and a very able Labor Law Consultant/service matter lawyer
--- Lodge complaint with O/o labor Commissioner and freeze the assets of the company before it is too late.
--- get your profile assessed and approach appropriate forum e.g labor Court (state/central as applicable in your case). As per amendment workman can directly approach labor Court.
Now a days ministers/ministries are on Facebook/Tweet and can be easily accessed.
Rajendra K Goyal
(Expert) 24 May 2016
Agree with the advice from expert Kumar Doab.
