Against termination without proper notification
Debabrata
(Querist) 10 March 2014
This query is : Resolved
Respected Sir/mam,
I was the incharge of one of the institutes for a particular area. They did not pay me 2 months salary, so I used a certain amount of fund for myself from the institute's collection. I also asked them to adjust it from my salary which was due. They forced me to write a note stating that I have taken that amount in a blank paper. They adjusted the expenses that I incurred for the company purpose as well in that particular amount, even the phone bill. I requested them but instead they sacked me with proper notice. Now they are threatening me with legal consequences. They are telling me to pay the amount first and then they would pay my salary. They did not even give me a proper offer letter and even did not take any of my documents. The amount that I have used is far less then the amount I am supposed to get from them.
Please help me with your valuable advice. Whom can I appeal to?
Kumar Doab
(Expert) 10 March 2014
>>> The Instt. Is affiliated with which Board/Univ?
>>> Non payment of wages is breach of contract of employment by employer.
The employee can complain the moment his earned wages are delayed even if by a day to lawful authorities that may include Inspector under Payment of wages Act
If there is default on payment of earned wages then there may be a default on PF,ESIC,TDS etc………..
Employee can approach:
----Employees Unions,
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
--- Inspector under (Name of the state) Shops and Commercial Establishments Act.
The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.
--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.
--- O/o Labor Commissioner
----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office………….
(Applicable to all employees drawing wages up to Rs.15000/pm as per def. of wages in the ESI Act)
--- Form16: ITO; TDS where you file your ITR
CIT-TDS (jurisdictional) where company files ITR
----Lawyer/Law firm
---Civil Court
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, termination letter, admission of fraud etc …………. Communications exchanged with company to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.
>>> What else an employee whose earned wages are not paid by such unscrupulous employers should do?
Did you put delay in payment of earned wages and did you demand payment of earned wages in writing? If yes and if you had posted it then provide the copy to your lawyer.
If a note for excess amount is extracted from you by force then you may withdraw it claiming it as extracted by force ……………………………... You may also claim that the amounts were to be deposited by you.
This admission is used as a document of misconduct on record to terminate you without notice.
If you had kept amounts with you and termination was imminent then you could have consulted your employee’s union leaders, lawyer/law firm in advance……………….
Prepare a FNF statement of amounts payable by you to employer and amounts payable by employer to you and demand payment of final amounts still payable to you.
Individually I would be in your favor ,as you were apprehensive to get the payment of wages and appreciate your resolve , and shall side with you to agree that your approach should not be termed theft/misconduct………………………………however there are smart and better ways to affect such strategies.
You should also approach influential community leaders, union leaders, community leaders………………………create noise and build pressure so that the adverse effect on you is avoided.
The leaders may succeed in sensitizing the officials in board/univ. and other personalities that wouild matter and bring you out of situation.
You may immediately consult a local lawyer at your location and proceed under expert advice of your lawyer. Avoid acting on your own.
Isaac Gabriel
(Expert) 11 March 2014
No doubt you fell in the dragnet of the employer for sacking you by hook or by crook.If they stick on to their own stand,you have to fight it legally.It is not a charge that needs termination.
Guest
(Expert) 11 March 2014
Any appeal to any person would not help you when everything is informal and you don't have any formal proof against your employer.
Informal master-servant relations are always against the interest of the employee. Secondly, if you signed on a blank paper that can also be misused against you any time.
Just ask them to intimate you the details of the dues in writing, as they claim from you and send a written request (not notice) to pay your salary dues.
R.K Nanda
(Expert) 11 March 2014
agree with experts.
Kumar Doab
(Expert) 11 March 2014
If the wages have not been paid for the last 2 months ( to you or all employees) it is a proof.
If employer is a habitual offender and delays the payment of wages it shall be a proof.
If the expenses were not been reimbursed it is a proof.
The amounts collected as fund by the instt. is a proof.
The admission extracted from employee for excess amount is a proof.
Unpaid wages is a debt and debt can be recovered.
Are you aware of instances when by oversight some employee was paid in excess and employer without any delay adjusted the amounts in next payouts or demanded to deposit it back without following the provisions of “deductions” as stipulated in Payment of Wages Act?
Anyone can make it out that the admission was extracted ( that too for amounts above actual amounts. Can it not be termed forgery, offence.) by applying threat, coercion, intimidation etc………………………………………….and the managers of the employer have been tactical…………………………and shall apply tactics again. It is almost certain that this employer shall not relieve you on its own.
Approach everyone for support and create a group that shall support you. Seasoned Employees union’s leaders and Trade Unions may represent you and may stand as a witness too.
There might be a possibility to come out of the situation with or without their help.
Let any communication to be submitted to employer be drafted by your lawyer.
Defend you interest.
T. Kalaiselvan, Advocate
(Expert) 12 March 2014
Take the help of a lawyer expertise in the labor laws and deal with the situation.
