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Ankita Yadav   08 October 2016

Salary

I work with an educational consultancy in Delhi. I was terminated in September via phone ( nothing in written ). Since then I have not been paid my August salary till now.. Bangalore head office doesn't attend my call. And Delhi office is postponing salary issue further and further. Can I claim one month compensation?? Since I don't have written termination letter. But I have phone recordings stating that I was terminated without any reason.. can I file a case in labour court and claim my salary and compensation??


 3 Replies

Kumar Doab (FIN)     08 October 2016

While posting such queries, employee should post full information:

 

What is this establishment; Commercial, Industrial? ( Apparently; Commercial)

What is its line of business? (  Noted; HR Consultancy)

How many persons are employed in it?

Does standing order apply in your case; Model/Standing?

 

What is your designation and nature of duties?

Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..

 

Can anyone change/cancel your recommendations?

 

How many persons report to you?

 

You are in which state? ( Noted; Delhi)

Your service is under probation or confirmed (Noted; under probation)?

 

For how many months you have been working?  

 

Are you a member of any employee’s/trade unions?

 

Whats is the notice period inserted in appointment letter?

 

 

Ankita Yadav   08 October 2016

It's an educational consultancy..so u can say commercial.. 11 people were employed.. I was appointed at the center manager.. I had to take care of daily requirements of the office.. I didn't have sanction duties.. My probation ended in August and I was terminated in September.. I worked for 3 months.. 11 people reported to me.. Notice period inserted in appointment letter is 1 month.. which I was told not to serve as I am being terminated.

Kumar Doab (FIN)     08 October 2016

Approach  avery able counsel specializing in Labor/service matters.

Your counsel may opine that you can approach/lodge complaint with:

 

Inspector appointed under; Delhi Shops & Estbs Act, (if you are covered by the def. of 'Employee' as in the Act)

 

O/o Labor Commissioner; (if you are covered by the def. of 'Workman' as in the ID Act)

 

Payment of Wages Act: (if as per your saalry your are covered by the def. of 'wages' as in the Act)

Higher Officials of Dept. of Labor, Delhi

 

Civil Court


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