ASHA KAMATH (owner) 28 February 2010

full and final settlement

Sir, I was employed by a company in November 2009.

I am a senior person in international trading-sourcing. Since November till now-he did not give me business cards mentioning that I am working for his company. My daughter owns a company which is trading in yarns( which he is aware of and thts not his line of business). while travelling I have no credentials at all.

Over this issue we had an arguement as I refused to visit any business associates without a business card.

On february 14,2010-my boss who owns the company writes-lets call it quits. thats all. we had no notice period clause so thts fine. But no mention of my dues etc.

I have sent himaletter by registered ad as well asundr postal certificate.

he should be receiving it by tuesday. what is the recourse for recovering my money?

asha

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4 Replies

R.R. KRISHNAA (Legal Manager) 28 February 2010

Well, as you are employed only a few months before, you could have waited for some more time for the company to issue you a business card. Since you have worked only from Nov.2009 you cannot hardly fight for any compensation or any amount other than what you are eligible for the days you have worked. Moreoever as there is no notice period clause neither the company nor you can claim any amount from each other. As you have send the notice to the company you are eligible only for the amount (salary) for the days you have worked as stated supra.

ASHA KAMATH (owner) 28 February 2010

mr.krishna, thanks for your reply. I am asking about salary only, not about compensation. what is the law regarding wages.

R.R. KRISHNAA (Legal Manager) 01 March 2010

As regards salary issue, you are entitled to receive salary only for the number of days actually worked.

Pvt_RajKing (Private) 14 March 2010

Well,

Supreme Court has (as far back as 1993) confirmed that principles of natural justice must be followed in all cases of termination of contracts and has clearly said that it is applicable to private companies as well and is violative of Art 14 and 21 of the constituition of India.

AP High Court has declared that a service contract with unfavorable terms including termination without a just cause, without due process as violative of Contract Act and against "public policy".

The notion that private employees (esp those belonging to non workman category) have no rights is ill founded (in my humble opinion). We do not have the forums like labour court, trubunals etc and thus we are left with Civil Court. But the law definitely is there to protect us in civil court.

Send me a private message if you are interested in some of these judgments..