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nishi (-)     08 August 2010

Termination & Non payment of salary by employer

I was working as a data analyst in a web marketing company in Bangalore since February 1st 2010. I was the first employee of the company & took care of not just the data analyst job but also the HR & admin related work including interviewing, recruiting, training & payroll. Initially 4 girls were appointed & after a month 1 of them was asked to leave without any notice as my boss felt her performance was not up to the mark. On completion of 2 months another girl was sacked in the same fashion & then 4 guys were sacked on different dates without giving any valid reason. Some of them were fired after a week or 2 of their joining dates for no apparent reason.

On July 5th 2010 i sent my resignation letter to the MD giving 1 months notice as per the contract agreed upon. (The contract requires the employee as well as the employee to give 1 months notice or 1 months’ salary in lieu of notice). The resignation was given on medical grounds since I had severe backache due to a bulge in 2 of my discs. I even produced the MRI scan report. Everything went on well & he accepted the resignation & even told me that I could join back once I recover completely. But on 9th of July I was out for lunch break for an hour (Usually tea breaks are 15 minutes in the morn & evening & lunch break 30 minutes. Since I do not take tea breaks & also because I work overtime sometimes till 8:30 pm(Office timing is 9am to 6pm) & on Sundays without demanding any extra pay, some days (may be thrice in 5 months) i took 1 hour lunch break. This fateful day another employee accompanied me for lunch & when I got back I received a call from the MD saying it was not right on my part to go out for lunch break. I apologised & later that evening I received a mail from him saying that I need not attend office from the next day onwards since I took a one hour lunch break & also because another employee accompanied me.



So I happened to be the 7th employee to be terminated in 5 months. Having worked so hard & sincerely for 5 months & being the first one to reach office & the last one to leave, I cannot condone this kind of practice. He is also refusing to pay me my salary. Am i eligible to salary in lieu of notice period? If so, how do I go about it? I have the employment contract stating the notice period & my employer's mails as proof. Will that suffice incase i need to go legal?

Thanks in advance,

Nishi



Learning

 8 Replies

nishi (-)     08 August 2010

Originally posted by :nishi
"

Hi,

I was working as a data analyst in a web marketing company in Bangalore since February 1st 2010. I was the first employee of the company & took care of not just the data analyst job but also the HR & admin related work including interviewing, recruiting, training & payroll. Initially 4 girls were appointed & after a month 1 of them was asked to leave without any notice as my boss felt her performance was not up to the mark. On completion of 2 months another girl was sacked in the same fashion & then 4 guys were sacked on different dates without giving any valid reason. Some of them were fired after a week or 2 of their joining dates for no apparent reason.
On July 5th 2010 i sent my resignation letter to the MD giving 1 months notice as per the contract agreed upon. (The contract requires the employee as well as the employee to give 1 months notice or 1 months’ salary in lieu of notice). The resignation was given on medical grounds since I had severe backache due to a bulge in 2 of my discs. I even produced the MRI scan report. Everything went on well & he accepted the resignation & even told me that I could join back once I recover completely. But on 9th of July I was out for lunch break for an hour (Usually tea breaks are 15 minutes in the morn & evening & lunch break 30 minutes. Since I do not take tea breaks & also because I work overtime sometimes till 8:30 pm(Office timing is 9am to 6pm) & on Sundays without demanding any extra pay, some days (may be thrice in 5 months) i took 1 hour lunch break. This fateful day another employee accompanied me for lunch & when I got back I received a call from the MD saying it was not right on my part to go out for lunch break. I apologised & later that evening I received a mail from him saying that I need not attend office from the next day onwards since I took a one hour lunch break & also because another employee accompanied me.

So I happened to be the 7th employee to be terminated in 5 months. Having worked so hard & sincerely for 5 months & being the first one to reach office & the last one to leave, I cannot condone this kind of practice. He is also refusing to pay me my salary. Am i eligible to salary in lieu of notice period? If so, how do I go about it? I have the employment contract stating the notice period & my employer's mails as proof. Will that suffice incase i need to go legal? Please Advice.

Thanks in advance,

Nishi

"

SURAJ KANTHAMANGALA (HUMAN RESOURCES)     10 August 2010

YAS , U WIL GET YOUR SALARY. BUT U NEED TO KEEP ALL THE EMPLOYMENT RELATED DOCUMENTS WITH YOU.

REQUEST UR EX BOSS TO SETTLE THE OLD DUES OR GO BY LEGAL EXPERT

1 Like

Arvind Singh (Sr. Manager-Legal & Taxation)     10 August 2010

hi Nishi,

Firstly the copy of such mail which was shot by your employer  shall be accompanied with you. This will be used for determining the period of Notice and the Notice Pay as well. Once try to settle the matter with your last employer personally and also state him abt the legal procedure and if it doesn't work, go for the legal advice accordingly.

Arvind Singh

Advocate

1 Like

nishi (-)     11 August 2010

Thank you Suraj & Arvind,

I have sent a mail asking my employer about the status of the salary payment...But have not received any response. As per your advice I will try talking to him once more. Thank you once again for yuor valuable advice.

Regards,

Nishi

chandrasekkar c k (advocate)     12 August 2010

you send a detailed letter from the date of your entry into service enclsoing the e-mail sent to you by the employer. as you are in karnataka, find out the labour authority under whose jurisdictio your employment comes and send a copy of your letter to the said officer as well. this will be the frist stept towards litigation or conciliation. please send iy by registered post with acknowledgement due.

all the best

dk.anand (legal head)     25 November 2010

sent and file case in appropriate court.all corporates do not understand the language of law abiding citizens


(Guest)

You are definitely entitled, not only to the salary for the period of work, but also in lieu of notice period.

Kumar Doab (FIN)     30 June 2011

The learned experts/members have given their valuable advice, and have clarified that you are eligible for notice pay and salary.

You have worked on Sundays/ holidays. If you have any record e.g. emails, assignments to be completed, or to attend to work etc, you can claim wages, and overtime.

Kindly refrain from mentioning interviews etc.

You can approach the labor authorities with all documents on record. Conciliation is a simple process, and you can handle it. Looking into the merits, conciliation officer shall help you to get your dues.

If you feel you can take the help from elders in the family, experienced and competent people known to you and family, labor consultant/lawyer/law firm.


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