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RAKESH   13 November 2016

How to file a case against an employer

Hi , I have been working for a Company from last 1.5 years & suddenly company had asked me to resigned immediately on 29th Sep else they will be terminate me. On same day when I ask reason they had terminate me at 7 pm & assure that you will get your next 3 months salary . Now they had not given the 3 months salary. Please suggest how to file case against them .


Learning

 13 Replies

Ms.Usha Kapoor (CEO)     14 November 2016

You first issue alegal notice tothem. After 15 dayhs no satisfactory reply comes file a case in labour court for 3 months  salary.If  you appreciate this answer please convey my forum thanks by clicking thnks.

Jai Karan Nagwan (consultant)     14 November 2016

First you get your service certificate that your services are not terminated owing to any disciplinary reason and understand Labour court meant for workmen, need to ascertain first, if you are workmen else go to civil court for enforcement of agreement caluse of your employment letter. 

Kumar Doab (FIN)     14 November 2016

Is it verbal termination or termination order has been supplied to you, in writing?

What is the reason mentioned in it?

Have you responded that all of a sudden on dated........................resignation was demanded from you, and then you were terminated?

Did you ask to call back the termination order?

Has any stinker,SCN etc been issued to you?

 

Whta was you designation and nature of duties?

 

Post full facts.

 

 

 

 

 

 

Ashwin75   15 November 2016

Hello,  I was working with Rediscover Clinic in Delhi for last three months.They have around 19 Clinics in Delhi. On joining they had not provided any letter stating that the company would give it after 6 months.. My Aug salary was transferred in my bank A/c, In Sep,the salary was paid  in cash on 31st Oct. Please note All the staff got salary in cash. So in starting Nov only I had started demanding my October salary, suddenly on 7th Nov I was informed that salary of Oct would Only be paid if sales target are met by Nov 20th. If not then October salary would not be paid and 20 to 25 Nov was out of question. On raising questions on how could someone implement a new rule in Nov and stop salary of OCT I was told for separation immediately by them also adding Oct salary would not be released. Since then the Company Head Dr. Kukreja has stopped taking my calls, he is reading my Whatsapp messages but not replying to them. I was working as ACM with salary of Rs 40000/= and I have record of some client invoicing and dealing done  by me (on their bill vouchers) till 5th Nov. Please suggest what could be done to get my salary for Oct 2016.
They follow all illegal processes i.e. Mostly no appointment letter to most of Senior staff (juniors still are safe with PF, ESI facility), Salary as Cash with No TDS, PF etc, Billing vouchers are generally flushed out every evening in the private driven vehicles and destroyed as soon as the bill book pages are over..Just giving an idea that because they are already involved in such activities and have links so denying someones salary is a petty issue.
Please suggest what steps I need to follow to get my salary
  

Kumar Doab (FIN)     16 November 2016

Check if such clinic are registered under Delhi Shops & Estbs Act and if you would be covered by def. of 'Employee' as in the Act.

 

GO thru the Act, carefully. Appointments letters are to be issued.

Salary slip should be issued.

Salary is to be paid.

Non achievement of any target has no bearing on payment of salary. 

Approach employee's/trade unions and thier intervention may help you.

 

and a very able counsel specializing in Labor/Service matters and your counsels may opine that you can;

 

approach Inspector appointed under Delhi Shops & Estbs Act, Payment of Wages Act

O/o Labor Commissioner

lodge complaint u/s406,420

 

 

 

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     19 November 2016

@Rakesh,  Issue a legal notice challenging the illegal termination.  If they will not pay you dues, then file a case before the Labour Department.  They call the management and concile the dispute.  If the management does not pay, then the case will be sent to Labour Court by them and you have to appear there to get your dues.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     19 November 2016

@Ashwin 75,

You must understand if you raise the issue and take the assistance of the court, you will be terminated from the service.  If you have valid proof that you worked in October, 2016 then you will get it by approaching the court.  Which court - whether it is the authority under Shops and Establishment Act or Labour Court or Civil Court depends upon the nature of the job you are doing.

Ashwin75   20 November 2016

@Kumar Doab, As already stated "No appointment letter", No Slip, Salary for October was upfront denied... how and which employee's/trade union to approach as I know none. Also checked the web portal but could not find this Clinic, maybe its registered under some other catagory and address? how to approach labour commissioner? I was drawing more than Rs 18000/

@Samarpan, the seperation has already happened, only thing left is my Oct salary.

Kumar Doab (FIN)     20 November 2016

@Ashwin 75,

Just type Employee's unions, trade unions in 'Google' you will know e.g;; INTUC,AITUC,BMS,CITU etc etc 

You may remember all evidences that you worked, daily reports, Whatsaapp, emails, bills, etc etc The onus to prove to deny may fall on employer.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     20 November 2016

@Ashwin 75, If your problem is only to get salary for the month of October, 2016, then you can do it at your own level.  1.  Send a legal notice and 15 days after that file a petition under Shops & Establishment Act before the 'Authority under Shops and Establishment Act' (In Delhi it is Deputy Labour Commissioner of the area, where you worked).  He will call the management and your dues will be paid.  The thing is you have to prove that you worked in the month of October, 2016 and you are entitled to Rs.18,000/- dues from your employer.  If you find any difficulty to draft legal notice and petition, you can take our free legal aid help by taking prior appointment on the mobile No.9599874404 to visit our office at Samarpan (Legal advice & aid centre), F-29, Shankar Market, Connaught Place, New Delhi.

Kumar Doab (FIN)     20 November 2016

@Ashwin 75,

You can also approach Inspector; appointed under Payment of Wages Act.

This Act does not discriminate between 'Workman' and 'Non Workman'.

Ashwin75   21 November 2016

@ Samarpan, AS I have already stated in my earlier post, The Rediscover Clinic is not found under Delhi gov website or its registered with different name and address and I am unable to locate. They do not have a valid Web address (pulled down). My salary was Rs 40000/ pm and the proof that I have is some snapshot of invoicing done by me till 5th Nov and the clients whom I interacted will definately vouch for me. Now could this still be moved forward under Delhi shop and establishment act.

@Kumar Doab, Please provide specific info, for same in Dwarka, New Delhi area.

 

Kumar Doab (FIN)     21 November 2016

Send your contact details in the thread or by PM as suitable to you.

If possible it shall be reverted ASAP.

 


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