SDOm (Self) 16 March 2011

Final Settlement not done for senior managerial role

Hi expert lawyers,

I am new to the forum and guess I posted in the wrong forum yesterday by mistake.Sorry

I was employed by an IT firm but within 2 months of employment (ie probation period) ,due to business exigencies, I was terminated. My appointment letter clearly states in case of termination (even during probation period) , I am elgible for 1 month salary compensation. But my ex-employer diagrees for the one month compensation and has also not paid my salary for the last 1 month when I offered my services. It has been three months since my termination.

I am aware ,as a senior managerial role, I cannot approach the Labour Court. My queries are .

1) Can I initiate criminal proceedings for breach of trust.

2) I was employed in their Chennai office thouhg thier head office is in New Delhi. Can I file a case in Chennai court itself.

Kindly let me know the options that I have and what should be my first logical action legally.Thanks for your expert guidance.

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2 Replies

Nanchill J Rajkumar, M.A., M.L (Advocate) 16 March 2011

Dear Member,

Your first point is answered as follows:

During probation period your services can be terminated without assigning any reasons.

Regarding your second point on salary, the company is duty bound to disburse the salary for the period you have worked. You can make a representation to the company to disburse the salray for the period you have worked. (Normally it will be paid along with settlement)

If the company did not disburse the salray for the period you have worked, you can very well raise a dispute before payment of wages authority.(File the petition before Chennai Labour Inspector).

The company can designate you as a Manager, the point you have to note is whether you have done managerial activities or not. If not go before Labour authority, otherwise approach the civil court.

Regards

Nanchill J Rajkumar

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radha (freelancer) 29 March 2011

You may submit a detailed letter( at the reception of company /by registered post ,under acknowledgment) to your appointing authority and MD and company secretary and Head -HR,and mention about the clause according to which in in case of termination (even during probation period) , you are elgible for 1 month salary compensation, and that you were terminated vide letter number.....dated ....and you have served the company from period ....to.....and you have given representations to Mr/Mrs..........on dated.............and despite your rperesentationsand reminders, you have not been paid the following amounts :

and that your dues be paid to you within (say) 15 days, along with work experience certificate,F&F,relieving letter,form 16,PF accumulation report, etc.. and your PF number be informed to you in writing.

You may follow the advice of learned Mr. Rajkumar.