Salary not paid

Do you have leave policy of the company?

Do you have in writing;

The surgery suggested by the Drs., leave application submitted by you along with medical advise of the doctor or leave request made by you in any of the emails, request(s) to be sent back to Mumbai, family physician’s advise that no surgery is reqd. and medication alone shall suffice, extension of leave by 7 days, bills of phone calls made by you, minutes of discussion if any submitted by you, requests to allow to work from home, declinature by the company to work from home etc………………………….their concurrence to pay wages of 1 month and also notice pay in case of termination.

Did you join back after 7 days extension or did you seek another extension?

The termination order seems to have been issued alleging misconduct for not submitting sick leave application! IN such case it may deny to tender notice pay for termination.

You may cover all lapses/loopholes by clarifying everything in subsequent communication.

Let the communication be drafted and structured by elders in the family, lawyer/law firm to suit your interest.

 

If company is reluctant to pay the dues approach a competent and experienced labor consultant/service lawyer and proceed under expert guidance of your lawyer.

1. They did not allow me to join back after 7 days I kept calling and asking whats the update but they kept avoiding and kept saying we have to decide what to do . They never asked me to do any work nor asked/suggested if I was ready/could resume work. After a month when I keep contacting they ask if you were fine why didn't you join 2. I have doctor's prescripttion suggesting acute appendicities. 3.The company has a leave policy where employee is advised to inform 4 days in advance about leave requirement However that does not apply in such cases as mentioned on appt letter about sick leave. 4. Most of the conversation happened over the phone. However I have mentioned about everything they said in the subsequent emails that have been exchanged 5. After 1.5 month or so one fine day when they answer my call. One of them tells me I thought you were informed you will be paid full and final. (Which obviously I wasn't) They terminated me without letting me know let alone the notice. 6. Secondly when I demand salary they do not pay but talk about 90days full and final time frame ( again never informed or mentioned in appt letter) I wait for a total of 90 days but they are still not paying up. Now avoiding my calls, emails and messages.

Apparently the employer/line managers/HR is not contesting information by you on sickness.

Relate all points and conclude that you have properly informed immediately about sickness, treatment and no leave application form was supplied to you and you would have submitted leave application on prescribed form on joining and that you have been asking for guidelines on joining and you were not allowed to join.

The FnF wages should be paid on last day in office, within say next 3 days or max. by usual pay day.

Approach a local labor consultant/service lawyer with all record and let your lawyer structure your representation and guide you further.

Your lawyer may opine that you can lodge complaint with:

Inspector under Payment of Wages Act

Inspector under Shops and Commercial Establishments Act

O/o Labor Commissioner

Trade Unions

 

 The company may yield to legal notice or you may have to approach court of law.

Thank you Kumar Doab