GYANA RANJAN (Head Corporate Communications) 22 January 2011

Advice needed

Hi Friends,

I'm employed with a company as Head, Corporate Communications. The salary date is 7th of every month and for the last four months the salary has never been regular. I've not got my December salary as of now. And on 19th of January the company informed me that my services have been terminated but the company will pay me salary of December only and that too only if I handover the company belongings i.e a laptop only. The terms&conditions in the appointment letter read either party has to give a month's salary in lieu of notice period, if they do not intend to serve it.

Now, "I need your suggestions on this what kind of legal recourse I can get.

Thanks,

gyan

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4 Replies

V. VASUDEVAN (LEGAL COUNSEL) 23 January 2011

Write a Letter, claiming the entitlement of salary upto-date and also the notice pay and also inform that the laptop will be handed over upon receiving the entire dues, across the table. If they do not accept this, post this by speed post with acknowledgement to the MD/CEO cc:HR.

MANOJ KUMAR JAIN (LAWYER -JOB ) 24 January 2011

Your's claim will be paid in accordance to A.L only after a proper handing over procees /No dues from other department as per service law . Any breach from their side , you can proceed to legal action i.e recovery suit for claiming your's arrears under order 37 ( summary suit) of C.P.C . Its already clear to you that except workman , any employee /person of managment can not challange termination .

Needless to add , you will have to maintain a proper record for you all communicaton for aforesaid procee.

GYANA RANJAN (Head Corporate Communications) 24 January 2011

Thank you for your valuable suggestion. I just found out that they have disabled my official email ID where all my communication pertaining to this issue were stored. And now I can not log in to my account. Now, I'm left with no record of our communications. What can I do in this regard.

Regards,

Gyan

MANOJ KUMAR JAIN (LAWYER -JOB ) 24 January 2011

Doesnt matter . you may communicate through fax or personal i.d by briefing the history . Moreso , you were advised to maintain further communication .