forced to resign, non payment of salary, employeer seeks 2 months salary as notice perios not served
Querist :
Anonymous
(Querist) 22 June 2011
This query is : Resolved
What's action may be taken by employee under labour law in india, if employer didnot pay last months full salary, the forced me to resign or face suspension with out pay, & now asks for 60 salary as i didnot serve the notice period.
Chanchal Nag Chowdhury
(Expert) 24 June 2011
This is a clear case of unfair labour practice.File a complaint before the labour commissioner.
Kirti Kar Tripathi
(Expert) 24 June 2011
This will depend on nature of job and limit of salary. If his nature of job is of workman as defined in Section 2(s) of the Industrial disputes Act, he can file application under section 33-C(2) of the I.D.Act before any notified Labour Court other he has to file civil suit for recovery of money. If his salary is less then 10,000/PM,he can file an application under Section 15(2) of the Payment of Wages act before the authority under the Payment of wages act.
Kirti Kar Tripathi
(Expert) 24 June 2011
Question of forced resignation will depend on circumstances. If he has resigned what action he has taken immediately after resignation, whether he made and protest or not. whether he has been given any intimation of acceptance of resignation in writing. In case, no acceptance is communicate, he is advised to withdraw his resignation immediately.For far as forum for remedy is concerned, if he is workman, he can file an application under Section 2A of the I.D.Act before the Conciliation Officer, otherwise he has to file civil suit but in civil suit he can not claim reinstatement. Only damages and compensation can be claimed.
Querist :
Anonymous
(Querist) 24 June 2011
kirti: the position in a managerial level/ sales head with 90000 per month salary, but only 30000 was paid in may ( that too delayed by 9 days). the company ceo & coo are not getting along well & i report to coo who isnot in india, ceo think i am to close to coo. Also they have forced 8-10 people to leave ( under different pretexts). i think the company is spiting but people close of coo are being targeted in his absence.
i joined them in nov 2010 & moved my family from delhi to pune in dec 10 including my parents (who are senior citizens) dependent on me. Also my second was born in Feb 2011.
I am out to job, with a liability on appox 100000/- as debit on credit cards, forced to pay huge interest.
plus my monthly liability is 65000/- as emis.
the ceo verbally promised that if i resigned, they bill clear my 1 1/2 month salary + pay 60 notice pay & not take any negative action.
so i thinking of my career wanted an honourable exti.
thinking i will get 3.4 lacs as promised by ceo. but now he has gone back on his word. not picking my calls.
hr tells me as per the contract since i resigned without 60day notice i have to pay them 180000/- to settle or they will go to court against me.
