Salary issue
Vikas Sharma
(Querist) 08 August 2014
This query is : Resolved
HELLO SIR,
ONE IS MY FRIEND SALARY HAS BEEN HOLD DUE TO SOME REASON AND HIS JOB TERMINATED BY COMPANY
NOW WHAT SHOULD WE DO FOR GETTING THE SALARY
PLEASE GIVE ME THE SUGGESTION AS SOON AS POSSIBLE.
ajay sethi
(Expert) 08 August 2014
issue legal notice to company for his salary dues
Guest
(Expert) 08 August 2014
Only the specific reason for withholding of salary is material to be quoted for seeking solution. Mention of "some reason" is quite irrelevant.
Rajendra K Goyal
(Expert) 08 August 2014
What is the reason of termination and withholding of the salary?
Kumar Doab
(Expert) 08 August 2014
If salary has been stopped then company has to supply the reason/charge!
If termination order has been passed then company might have quoted reason in it!
If termination order has been passed and salary too has been stopped then the termination order may not remain 'Termination Simpliciter'!
Vikas Sharma
(Querist) 11 August 2014
Company give reason that he is not done his work properly and then terminate .
And, is there any compensation / consideration against termination by company.
I also heard that in this situation company will have to pay 3 month salary due to labour act. Is this true ?
Kumar Doab
(Expert) 11 August 2014
Show the charge, show cause notice, termination order, defense of employee to local Labor Consultant/Service Lawyer and proceed under his expert advice.
Company has apparently cited misconduct and may not even tender notice pay.
The termination order may affect his future employability also.
Kumar Doab
(Expert) 21 August 2014
“he is not done his work properly” is very vague reason………………..
The company might have issued stinkers, notices, show cause notice etc………………..and if not this shall be in favor of employee.
As explained in other thread initiated by you……………… Has the company leveled any charge in writing and provide opportunity of natural justice to employee and has it stated the reason in termination order?
If the employee agitates in any forum the company shall come out with its logics and try to justify its action.
It is reiterated that the employee should consult labor consultant/service lawyer in person, provide the info as mentioned in other thread, show all docs on record, understand the merits and proceed under expert advice of the lawyer.
