Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Amit   30 November 2015

Unregistered company asking employees to leave without notic

Hii My Name is Amit, I need the legal advice for below issue i.e

My friend opened a "Digital Marketing Company" , he hired me for taking care of operations part, i was hired in April 2015, as he was a good friend so the Appointment letter sent to me was for me to sign first and then return to him and he will sign back and give me the copy of it with annexure of salary. I was mentioned in the appoint ment letter that both the parties will give 1 month's notice while resigning or in case company will ask the employe to leave, the signed appointment letter was never given to me inspite of asking many times. In the mean time employer paid the salary on time from his company's current account to my Bank account till last night where he messaged me to leave the company and he is not taking initiative or replying when i ask him to follow the protocol and give 1 months notice. As per his behavior i am sure he doesnot want me to serve the notice as well i am not sure whether he will be paying me "Nov. 2015" salary. I am not sure what my options are ...kindly guide me on this as i desparatly need my salary for both the months and i am ready to serve 1 months notice on this job. In proof i can show my bank account statement in which i am getting salary from his current account, as many print screens of company's official email id with the domain name and my name in it...as well some mails on my personal email ids etc...plz let me know what step should be taken in this regard.

Regards

Amit



Learning

 8 Replies

Nitish Banka (lawyer)     30 November 2015

If company is not registred the liability is on the employer who employed and legally entered into an agreement. send him the legal notice.

Thanks & Regards

Nitish Banka

9891549997

Kumar Doab (FIN)     30 November 2015

You may check with Inspector appointed under (Name of your state) Shops & Estbs Act and find out if the company was to be registered under the Act or some other Act.

You may carefully save the messaage and printouts and emails and credit of salary, screenshots of calls made (even if not answered)/recived  etc...

 

You may draft a simple emaiil  and attach copies of all of the above .......................and narrate that on dated vide SMS dated;/time your service has been terminated with immediate effect and therafter your calls have not been answered and you are attaching (narrate) and that appointment letter dated ( hope you have a copy) signed by you and submitted on dated...................to Mr/Ms................has not been supplied to you duly signed by employer...........and salary of ...........has not been paid................ despite  many representations,and termination leter etc has not been supplied..............(and any other item that you want) despite  many representations.............   and all of these be supplied along with FnF statement on letterhead of the company with seal and signature, FnF payouts, PF a/c slips of ayears, salary slip of all  months, Form16,NOC/NDC,Service Certificate,Relieving letter, etc........................By Redg. Post so as to reach you in next say 7 days..............................and that all communications be supplied by Redg. Post only and your address is already in record/or given below.

 

You may also attach FnF statement as per your calculation and mark it as tenetaive and to be related and confirmed.

 

If there is no reply you have the option to lodge complaint u/s 406,420, winding up mpetition, complaint with Inspector under Shops & estabs Act,Payment of Wages Act, o/o Labor commissioner, civil court etc.

 

 

You can also seek support from Employee's/Trade Unions.

If you are unable to resolve contact an able Labor Law Consultant.

 

 

Amit   30 November 2015

Dear Nitis/Mr Kumar Doab,

Thanks for your quick revert, i will take action accordingly and as suggested.

Will ask for help again if needed.

Regards

Amit

 

 

Amit   30 November 2015

Dear Nitish/Mr Kumar,

I went to office today, employer has stopped my entrance in to his office, when i asked for salary he threatened me that he will file a case of 376 i.e harrassing of female employees who are still working in the office...Please let me know what can i do now..

Regards

Amit

 

Kumar Doab (FIN)     30 November 2015

Did you record it? Send an email narrating the today's incidence concluding that you were prevented from attending office. Are you a member of employee's/trade unions?

Amit   30 November 2015

No it came instantly, i was shocked to hear that, i didnt know wat to do so i came back, m feeling afraid now, if he lodges a false complaint then wat would i do...i m not a member or employee of trade union..

Amit   01 December 2015

Awaiting revert...

Kumar Doab (FIN)     01 December 2015

Submit a carefully drafted representation under proper acknowledgment.

Approach unions and an able labor law Consultant, and chat with them, for your day to day requirements.

 

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register