Terminated due to protest against salary delay

If you are still on probation then it may be difficult to do anything. But it still doesn't mean that the company can violet their own procedures. People are taken on so that the employer also fulfills their duty by paying the employee on time and as was agreed at the time of employment. They have an obligation and a duty to pay your salary. They also should be able to give you an experience certificate. It may not have everything that you wanted to have but at the very least they can confirm that you have worked for that organisation for that particular period. An experience certificate does not necessarily mean that you were one of the bright employees within the company and that you fulfilled all your duties as was required. Basically it signifies that you were an employee for that period. I hope this helps.

Thank you so much for help.. :) Can i file a legal petition? What are the procedure ? I dont know the legal possibilities.. please help

 

>>> If you have built some written record then you may succeed to liberate from Bond without any liability.

Submitting leave application is not misconduct and a reason for termination.

Original Certificates: It is your exclusive property and employer can not have any lien on it. You can lodge complaint with police, court, state. Non payment of salaries, confiscation of original educational certificates, Bond............................all this may strengthen the charge of Bonded labor.

 

Service Certificate: Is to be given to all employees.

Relieivng letter: signifies that nothing is due against employee. Since employer has to pay saalry to you and is under debt to you hence relieving letter can also not be declined.

 

Bond: It was drafted in lieu of what? Do you have copy of the bond? Is it sated that even in case of termination due to .................................reasons......................employee shall be liable to pay liquidated damages?

 

>>> However before you write anything now to employer, let it be drafted by an able Labor Law Consultant/Service Matters lawyer/Law Firm, Employees/Trade Union leaders and you may proceed further after understanding merits and options, from your counsels.

 

Your counsels may opine that you can approach:

 

 

Inspector appointed under (Name of the state) Shops & Commercial Establishments Act, : Such establishments are covered by the Act and you must be covered by the def. of ‘Employee’ as in the Act. This Act does not discriminate between ‘Workman’ and ‘Non Workman’……………and it is inserted in the Act that in case service conditions are not defined then this Act shall govern the service conditions.

 

Inspector appointed under; Payment of Wages Act

 

O/O Labor Commissioner; if you are covered as “workman’…………………and your counsel may opine that you are covered.

 

Higher/Highest Officials of Dept. of labor of your state...............

 

Employee's/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc

 Your counsels may opine that you can lodge complaint u/s 406,420 and file ‘winding up’ petition as unpaid wages are debt on employer, civil suit for recovery etc.

 

If wages are not paid then company might have defaulted on PF,ESIC,TDS etc..............and you may approach:

RPFC

ESIC

ITO-TDS where you file ITR and CIT-TDS where company files ITR

 

 

>>> Avoid to proceed on your own as the employer won't want any onus to be fixed on it especially a criminal charge and hence may prefer the matter in a civil court on civil charges.

 

It may also claim that you owe monies to it as per agreement signed by you.

Expert Mr.Kumar Doab has given a valuable advice and suggestion to proceed further in this matter.  The advise if followed will be sufficient to get the desired result.