Ratnesh Kumar Pandey 02 February 2016

Salary on hold after termination

Hi,

I was working in a Call Center named Tech Origin e Services Pvt. Ltd. as a Business Development Manager. I was planning to start my own call center and I proposed offer to few of the Telecallers to join me. They did not gave assurity however one of the executive went to the management and informed them about the same. I was planning to resign however I was on Leave on Tuesday dated 19th Jan 2016 and suddenly I got the information that I am terminated by the company. I called up the Operations Manager but he did not answered my call. Next day 6 Executives were terminated stating they are with me. Moreover, I has the company laptop with me which an office boy collected from my home on 21st Jan 2016 and gave me a receive receipt duly signed by the HR Manager. They sent me a termination mail on my email id.

Now they have neither paid the agents nor me the salary from 26th Dec 2015 till 18th Jan 2016 as the last working day was 18th. They said that they will not pay as I was fudging with the company data and have done misconduct which is against the company policy, which I have not. Please find the termination letter attached.

Please let me know what can I do to get my pending dues along with my PF which was deducted.

Thanks & Regards,

Reply Follow

6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 02 February 2016

Give a complaint to labour commissioner. He will enquire from both the parties. and do justice.

Kumar Doab (FIN) 02 February 2016

The termination is for alleged misconduct, violation of code of conduct,breach of faith, and has declined payment of notice pay.

It shall haunt you in future.

The company has claimed that the ................................company considers it propreitory.

It may not neccessarily be.

The payment of wages in case of termination is on LWD,within say next 3 days, or max by usual pay day.

Asking,saying,said,telling are all verbal mode of communication and difficult to prove.

Hence you may ideally alongwith other terminated employees may approach an able counsel alongwith all employment related documents of each one at different designations and contest the termination order.

Starting or planning to start one's own business is not misconduct.

If you have not signed any clause on Non Solocitation then there is no breach.

narinder shukla (practice) 02 February 2016

Collect all the rrelated documents like Appointment, termination letter & accordingly made a complaint to the jurisdictional labour commissioner .

- Advocate Dr. narinder Shukla

Kumar Doab (FIN) 02 February 2016

Approach, an able counsel specializing in labor -service matters and your counsel may opine that you and telecallers are covered by the def. of 'Workman 'as in ID Act and as 'Employee' as in State Shops & Estbs Act and can approach:

Inspector appointed under: State Shops & Estbs Act, Payment of Wages Act

O/o Labor Commissioner

You may also seek support from BPO Employee's/employee's/Trade Unions.

Ratnesh Kumar Pandey 03 February 2016

Thank you all for your valuable revert. I will surely take this over to the labour comissioner.

Kumar Doab (FIN) 03 February 2016

All affected persons including you may Lodge complaints under all Acts mentioned above (if covered by the Acts............................Your able counsel specialzing in labor-service matters can ascertain the coverage) and any other Act and in any other forum.

If the affected person are covered by the definitiuons and Acts then Labor Commissioner may club the complaints filed under various (applicasble Acts) and decide the matter.