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Rohan Shetty   10 March 2022

Ex-employee claims "salary for lockdown period"

 

ONE OLD EMPLOYEE BARGES INTO OFFICE TO CLAIM SALARY FOR MARCH 2021 TILL NOVEMBER 2022.

SHE TAKES HELP OF MNS PARTY WORKERS .

 

Cornological Summary -

SHE ALSO THREATENS TO INVOLVE MEDIA

Company Started in November 2019

Company had teething issues to set up In January2021

Employees were hired in Feburary 2021

Company Had Account with Yes bank and had other issues , Salary was delayed 

Company was confused and shut operation in 2021.

Company was shut during lockdown period 

Company tried to reopen in September 2021 , But Operations did not start.Few employees visited new office but has to shut down as Company again lockdown started.

In 2022 January Company Restarts with new employees with in new location .

ONE OLD EMPLOYEE BARGES INTO OFFICE TO CLAIM SALARY FOR MARCH 2021 TILL NOVEMBER 2022.

SHE TAKES HELP OF MNS PARTY WORKERS 

SHE ALSO THREATENS TO INVOLVE MEDIA .

WHAT IS THE RIGHT LEGAL SOLUTION.

COMPANY DOES NOT HAVE FUNDS TO PAY ANYONE . ALSO WE DONT SEE THERE SHOULD BE PAYMENTS DONE .

WHO IS THE RIGHT PERSON TO SEEK ASSISTANCE .



Learning

 7 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 March 2022

Call the prominent members of the political party that is assissting the employee for discussion. Bribe them.

G.L.N. Prasad (Retired employee.)     10 March 2022

Prepare a public notice through Advocate and warn them such attempts in future has to be reported to Police.  (Not getting 33 months wages burns the heart, give some relief to workers on humanitarian ground)

1 Like

Palak batra   10 March 2022

Dear Querist,

 

The right to bring an employment to an end is mutual between the parties, this is consistent with the Court of Appeal’s decision in 7up Bottling Company Plc. V. Augustus (2012) LPELR- 20873). An employee, subject to agreed notice period or applicable legal provisions, has the corresponding right to terminate the contract of employment between him and his employer – if validly terminated no remedy is available to the employer in law.

 

In this situation, the company can settle the dispute by providing the salary if not given and also find solutions to avoid any strict legal action.

 

Regards,

Palak

P. Venu (Advocate)     11 March 2022

Though the query is lettered with too many details, it is short of material facts. What was the duration of the particulars employee? Was she paid salary/wages for the period?

Rohan Shetty   11 March 2022

@P.Venu ,

She was hired on January 2019 and was paid for January and Feburary .

She was in probation , but due to Covid situation and the company was just in the initial stage , we stopped operations and opted her to work as a freelance on mutual concent to maintain  good terms .

She did not contribute  as a freelancer nor was she in touch with any of us since then.

She is claiming  money for April 2019 till November 2019 .

Company was shut during this time .All employees were given notice of termination of employment due to forcemajure .in May 2019 .

We restarted fresh team and new office but same private limited company in 2022 January .

She landed I  office with Political social workers Feburary 2022 , claiming she has lots of stress as she dose not have a job since then .

Fear is even if we agree to any compromise to maintain the situation , there might be other who can take reference and join hand with political parties to create damage.

With advises given - Feels its Goonda Raj and not and ideal condition to do business . But still trying to identify  and ethical solution with least damage .

P. Venu (Advocate)     12 March 2022

There was no Covid pandemic prior to Dec. 2019!

Rohan Shetty   12 March 2022

EORRR - IT WAS 2020 NOT 2019

Reposting...

She was hired on January 2020 and was paid for January and Feburary . She was in probation , but due to Covid situation and the company was just in the initial stage , we stopped operations and opted her to work as a freelance on mutual concent to maintain  good terms . She did not contribute  as a freelancer nor was she in touch with any of us since then. She is claiming  money for April 2020 till November 2020. Company was shut during this time .All employees were given notice of termination of employment due to forcemajure .in May 2020. We restarted fresh team and new office but same private limited company in 2022 January . She landed I  office with Political social workers Feburary 2022 , claiming she has lots of stress as she dose not have a job since then . Fear is even if we agree to any compromise to maintain the situation , there might be other who can take reference and join hand with political parties to create damage. With advises given - Feels its Goonda Raj and not and ideal condition to do business . But still trying to identify  and ethical solution with least damage .

Read more at: https://www.lawyersclubindia.com/forum/ex-employee-claims--223136.asp


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