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Notice pay demand

(Querist) 08 October 2013 This query is : Resolved 
I joined a company and my appointment letter says that three months notice period is required if i leave the company,i.e.either i have to notice three months in advance or i should pay amount equal to three months of my salary.But the company may sack me without notice and without any payoff. I have been sick-bed ridden and have duly informed the company in writing with my medical documents.
the company has terminated my services and now has sent a demand for three months notice pay.I have not resigned.I also do not desire anything from company.But how i am liable to pay the three months salary to company.the company is not giving my release letter and also may endanger my new job when they are approached for previous employer verification.please tell me (01) if i am liable for payment of notice pay to the company.(02) what shud I do for securing my release letter(03)what company shall do to me if i do not pay.I am at Mumbai and company registered office is at Delhi....Urgent
C.V.Kansara (Expert) 08 October 2013
Action of company is illegal.Contact local lawyer.
Nadeem Qureshi (Expert) 08 October 2013
agree with expert
Rajendra K Goyal (Expert) 08 October 2013
You have not resigned, but was sacked by the company. It is illegal act of the company. Contact a local lawyer.
Rajendra K Goyal (Expert) 08 October 2013
You have not resigned, but was sacked by the company. It is illegal act of the company. Contact a local lawyer.
Kumar Doab (Expert) 08 October 2013
Mr. Kansara is right. Approach your lawyer as ap.

It is believed that it was not prolonged sickness.

Did company approve sick leave? It should have.

The leave policy of the company should be as per enactments applicable to the company e.g. Factory Act, Shops and Commercial Establishments Act and can offer better benefits as per its standing orders, negotiated bilateral agreement…………………….

You may go thru Standing Orders applicable to the company (Certified/Model)……………… ,
Do you have POD of sick leave application supported by medical record? Download from website of courier or PO……………

and obtain POD by submitting application for it too.

Termination during sickness may be termed bad.

Applying for sick leave is not misconduct. Hence company can not post any negative adverse comments during BGV.

Has the company stated any reason it termination order?
The contract of employment should promote equitable discretion.
Since company has issued termination order it should tender 3 months notice pay.

Does Company have its office at Mumbai/Maharashtra? Has it supplied PF number, PF a/c slips, ESIC Card, Form 16 etc, service certificate,…….

Open as many fronts as you can.

Employee can approach:

>> Lawyer/Law firm: The legal notice/reply by lawyer can drill sense into the heads.

>> Trade Unions, employee’s group/union/IC/Guild…………………..

>> O/o Labor Commissioner: labor Inspector………..

>> Inspector under Bombay Shops and Commercial Establishments Act of the State………………………………………………..which is so employee friendly.
You may go thru Sec 2(4) (6) (7), 35,36, 37,38, 38A, S38A, 38B, 49, 51,55, 62, 66

“S.66 - Discharge of an employee without notice - Relief of reinstatement and back wages -Termination of an employee without notice is bad in law and therefore workman entitled to reinstatement and continuity of service with back wages.”

>> Inspector under Payment of Wages Act ( Applicable to all employees drawing wages as per def. of wages in the Act up to Rs.18000/pm)
2. Definitions………3*[(vi) "wages" means………………..(d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made;

>> RPFC in o/o PF Commissioner

>> Inspector in Local/jurisdictional ESIC office………….

>> ITO-TDS at Mumbai where employee files ITR, jurisdictional CIT-TDS Delhi where company files its ITR………………

Firm up your next venture as ap.

Once you succeed against the company and if you are reinstated it is almost sure that you shall suffer transfer.

Sarvesh Kumar Sharma Advocate (Expert) 08 October 2013
Contact in person with local lawyer
Raj Kumar Makkad (Expert) 10 October 2013
Better to deeply consult with your lawyer and seek second opinion from another lawyer of your locality.

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