Employer did not pay the salary
Dear sir I am working in a design house named Impact creative services Pvt.ltd.for the last one year. From last month the employer getting ferocious with me any time with least good cause. On 27th of October I was absent for an emergency and I didn't call the boss. Every absenteeism is non payable here. On other day when I enter the office I saw a new man working on my desk. Boss said you are terminated and leave now. ** Below is from my joining letter — You or the company may terminate the services under this appointment without assigning any reason thereof by giving one month’s notice or an amount equal to one month’s basic salary in lieu of notice period to the other party. when I remind him about that he said ok from this day you are on notice period, you can come one month just sit anywhere in the office don't work and after notice period I will give you the salary.I told him that this will be very embarrassing for me and he replied to me that I deserved that. Then I asked him to give me a written notice and he agreed after using some arguments. I waited two hours but he left the office without giving me that notice and I also left the office bothering embarrassment. On this day I luckily got a better job offer. So I joined there next day i.e. 31st Oct. Now On day november 1 I asked him by phone for my due salary but he said if you take notice and do as I said to you,you will get your previous salary else you will give me your resignation letter.I told him that I don't want to do that.I asked him politely that I don't want the money without working but just for sitting. so please give me my previous month's salary and give me release letter from my duties. But he abused me and put down the phone .After that day he never took my phone till now. Is there any hope to get my hard earned salary back and I do want to work in my new company. I will do anything for that. please respond ASAP and Please help me out. **It's a conspiracy against me.The reason of my termination is – The company is an exhibition stall design company and I work here as a 3d designer. The my boss started a interior company side by side at the same office/room. He appointed a new guy who is an interior designer and who can do 3d design also. I don't know Interior So after 11 months of hard work I become useless. And may be he started interviewing before one or two month ago. He repeatedly shouted and abused me on some little mistakes since then. May be he wants me to leave by my self and he can claim the money. It will be great if you can enlighten me Do I need to pay for notice period when company sack me and I don't want to serve? Resignation or notice period which comes first by law? Do I have to go for general diary to go before a labour inspector? If I go to court what are the chances of win? Thanks and regards Biswajit Chakraborty
Before going for any of the below mentioned remedies, we would suggest you to contact an advocate and send your employer a Legal Notice informing him about your concern and your rightful claim over the last month’s salary + other issues, also mention the below stated consequences of doing otherwise.
There are 2 remedies available to you under two different statutes. The remedies are as follows :
- Civil Court
Filing a Civil suit against your employer for Compensation . Since, he violated the stipulations of the contract by not initiating your notice period, thereby, causing Breach of Contract as per sections 73, 74 and 75 of the Indian Contract Act, 1872.
- Labour Court
The employer has violated a number of provisions of the Industrial Disputes Act 1947 –
- By not giving you your last month’s salary.
- By the way of impromptu dismissal.
- By not issuing a termination letter in your name.
The above court can be approached under Sections 2A and 11A of the Industrial Disputes Act 1947.
Now, regarding your specific query on having to pay when the company sacks you – the answer to this would be NO. As per the language in the appointment letter, you only pay when you resign by your own willingness and that to without giving the company a notice of 1 month before you leave the office, and not otherwise.
Do not worry about your chances of winning or loosing. This is an absolute fit labour case.
Thanks a milion for answring my question and clearing my doughts. Now I have courage to fight against the compay. But I have a question in mind that could they pretend that may be I left the job without giving them the notice or anything. In that case could this be a boomerang for me?
Thanks again Sir