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proud to be Indian (Manager)     09 May 2012

Want to teach a lesson to this employer

Hi all,

Please advice what could we do as m husband was working with one of the companies through his friends reference. It was a small company (BPO) including the total strength of 20 emplyees.

The employer hired peole however did not give any appointment letter to any of the employees. The company got shut down within 20 days after the joining and my husband's boss asked him to continue working from home as the complany got closed on temporary basis because of some issue in the application.

My husband's boss assured him that he is on pay rolls and he would shortly be moved to the new location once the company starts with the operations again.... my husband did not join any other company as he was working from home....

The boss started with the operations after 1 month and asked to join the company back however was still not ready to give any offer/apponitment letter and whenever my husband ask for salary and call his boss he gets away saying that he is not involved in the company anymore and cannot pay him as his brother is now taking care of the company .

When my husband spoke to his brother about the salary he doesnt seems to be ineterested in paying and keeps on delaying paying the wages to the entire team. Now my husband is in a situation where he cannot join any other company as needs to get his wages released for 1.5 months and also doesn't even have any documenttaion given by the employer however there are few more people who suffered through the same situation and are ready to take legal action agaisnt him. some of them were fired without paying and without any intimation.

 

Please suggest what can i do to teach this guy a lesson as we are going through a tough time in managing our monthly household expenses becaus of him . He is not even attending our calls now. 

Pleaseeeeeeee freinds help me and advice me to teach a leasson to poeple like them and tell me what could be the legal action taken agaisnt them. I would share their names if required.



Learning

 2 Replies

Sudhir Kumar, Advocate (Advocate)     09 May 2012

20 emplyees?

 

Prima-facie there is a PF evasion case byut not strong enough as they have not given any salary to your husband.

 

Labour Court case can be filed against so called boss and his brother but all will ahve to combine with some proof of employment.

Kumar Doab (FIN)     10 May 2012

The entire team of employees can be  witness for each other and file a complaint with O/o Labor commissioner.

Those who were fired have to be paid notice pay at least. Your husband must be having record of work done e.g. emails while the office was closed for some reasons. You may study SE act of your state: employer is required to issue appointment order,. notice of dismissal/termination etc.Inspector as described in the act can take action. You may approach the Inspector.Obtain the residential address of employer and thier assets and supply to O/o Labor commissioner. If all employees are united employer shall pay.


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