Amit Kumar 20 May 2020

Regarding Salary and Job termination, in COVID 19

hello Sir,

My Self Amit, I am an Employee with a publication house for school books ,based in Noida, there are three directors, two of them belong to Mumbai ,Maharashtra.
I work in this company since October,2016. as a Sr Sales Executive and taking care of Marketing, promotion, and Sales of the school books for the Whole city of lucknow Area.
Company has paid only 15 days of salary for the February month on the 4th May, they are taking an advantage of covid 19 crisis, after 22nd march lockdown announced.
they are now planning to fire the employees, already fired we 4 to 5 sales personnel in the different cities, verbally. by making the performance and sales an concern, due to covid 19, after being assured many times in the month of March that kindly support the sales and work from home, we will clear your funds in April. I am still working on behalf of company and doing liaison between school and supply of books till date after govt relaxation.
my management is not understanding the covid and pandemic situation, and we are with out salary after January, and they have also decided not to continue the services by showing loss in the business.
how to go legal ,what is my legal right, or how can labour court help me, when we are listening 35 laws out of 38 laws are diluted in pandemic.
note - company has not given any written mail of termination of job.
rather I am using my official email to the clients and liaison for the business supply till date.

kindly suggest
Amit
9305677090

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3 Replies

P. Venu (Advocate) 20 May 2020

Have you recieved written (may be e-mail) termination order? If so. what is the ground for termination?

1 Like

Amit Kumar 21 May 2020

Sir, I am still working from home and liaison for sales and supply between my head office noida and between the distributor and schools. through official email.
And I have not received any official termination of email or in any written form.

Ritesh Maity (Labour Law Advocate) 29 May 2020

Unless you get a written communication from your company, it will be premature to consider any legal steps. If the company terminates you then you have right to challenge the same before the court of law. However, you cannot take any preventive measures at this stage.

Regarding your salary, you are entitled to the same if you have worked. Though the Ministry of Home Affairs in its order directed the employers not to deduct or reduce any salary of employees during covid-19, but the said order is under challenge and pending before the Supreme Court.

However, you have stated that you have only received 15 days salary for February 2020, which is much before lockdown, and it is illegal. If you have worked (even from home) during the lockdown period, then I believe you are entitled to full salary for the said period of lockdown.

Regarding your salary, you may demand the same in writing. This is the first legal step you can take at this moment.