I have lodged a complaint on PG Portal, which mentioned the company deducted my salary during the lockdown period. After a few days, the labor officer called the manager to ask about the matter. I also raised the deducted salary issue with the company owner on Twitter because I don't have the contact number of the human resource department.
After the labor officer's telephonic conversation with the company, the labor officer informed me that the company has agreed to pay my salary but has terminated me on the grounds of misconduct without hearing my side. Additionally, they have sent me a legal notice of defamation amounting to Rs. 10 lakhs.
From India, Kair
Acknowledge(0)
Amend(0)
1After the labor officer's telephonic conversation with the company, the labor officer informed me that the company has agreed to pay my salary but has terminated me on the grounds of misconduct without hearing my side. Additionally, they have sent me a legal notice of defamation amounting to Rs. 10 lakhs.
From India, Kair
Acknowledge(0)Amend(0)
Tweeting the policies is very unfortunate and not expected from an employee. It is true that the employer has a moral responsibility to pay salary during the lockdown period. It is also true that the company should be sensible and should attend to the grievances of employees. The defense that you do not know the telephone number of the HR cannot be accepted. If you are aware of what the Apex Court of India has said when a few private employers challenged the government's order that all private employers should pay full salary to their workmen for the period of the lockdown, you should not have tweeted the issue. I don't fully agree with the observations of the Court, but one thing is right, if you had not worked, you cannot demand a salary.
Termination without offering an employee an opportunity to be heard is bad in law. But what provoked them to terminate you without an inquiry is your act of filing a complaint with the labor officer and your tweeting the issue. Termination can be challenged. Similarly, you can challenge the defamation suit also. I can't say what will be the future of the defamation case, but you could be reinstated also. But that will take time. Till the disposal, you won't be able to join another company. Even if you get an offer, how can you join without a relieving order from this company? How can you attend the hearing when you are employed elsewhere?
I don't think that only your salary was kept on hold. Then why didn't others file such a complaint before the Labor Officer? In the absence of a Trade Union to protect you or speak for you, it is difficult for any employee to go through litigation, which may take years to find a solution.
Therefore, the best possible way is to accept the mistakes, apologize, and get relieved.
From India, Kannur
Acknowledge(0)Amend(0)
Termination without offering an employee an opportunity to be heard is bad in law. But what provoked them to terminate you without an inquiry is your act of filing a complaint with the labor officer and your tweeting the issue. Termination can be challenged. Similarly, you can challenge the defamation suit also. I can't say what will be the future of the defamation case, but you could be reinstated also. But that will take time. Till the disposal, you won't be able to join another company. Even if you get an offer, how can you join without a relieving order from this company? How can you attend the hearing when you are employed elsewhere?
I don't think that only your salary was kept on hold. Then why didn't others file such a complaint before the Labor Officer? In the absence of a Trade Union to protect you or speak for you, it is difficult for any employee to go through litigation, which may take years to find a solution.
Therefore, the best possible way is to accept the mistakes, apologize, and get relieved.
From India, Kannur
Acknowledge(0)Amend(0)
Link to the recording:
https://drive.google.com/file/d/1MV-j3btUePTpXiOMsHc64ZOCOOteO2E_/view?usp=drivesdk
First, I have to report to my manager. He didn't give me a satisfactory answer, and then the human resource contact was not reachable. So, I directly contacted the company's owner. On the evening of the twentieth, they directly terminated me.
From India, Kair
Acknowledge(0)Amend(0)
https://drive.google.com/file/d/1MV-j3btUePTpXiOMsHc64ZOCOOteO2E_/view?usp=drivesdk
First, I have to report to my manager. He didn't give me a satisfactory answer, and then the human resource contact was not reachable. So, I directly contacted the company's owner. On the evening of the twentieth, they directly terminated me.
From India, Kair
Acknowledge(0)Amend(0)
Sir,
I have a problem. During the month of April 2020, I didn't go to the office due to the lockdown. As a result, they did not pay my salary without any written intimation. Because of not receiving my salary, I didn't go to the office until 26.05.20. Upon returning, they instructed me not to come to the office until they call me again.
Now, they have sent me an inquiry letter and a show cause notice regarding my absence in April and May 2020 and are considering termination. My question is, is this a valid way of termination?
From India, Ballygunge
Acknowledge(0)Amend(0)
I have a problem. During the month of April 2020, I didn't go to the office due to the lockdown. As a result, they did not pay my salary without any written intimation. Because of not receiving my salary, I didn't go to the office until 26.05.20. Upon returning, they instructed me not to come to the office until they call me again.
Now, they have sent me an inquiry letter and a show cause notice regarding my absence in April and May 2020 and are considering termination. My question is, is this a valid way of termination?
From India, Ballygunge
Acknowledge(0)Amend(0)
Yes, it is an illegal termination. But in this scenario, what is the remedy? When the Supreme Court of India has said that the government should not take any action against the employers for not complying with the orders issued following the Disaster Management Act, how can any court lower than the Supreme Court address your grievances?
When you were asked to report to work, you should have reported. If you were not paid your salary for the period of the lockdown, you should have waited for the situation to improve a little bit. Instead, you remained at home for the rest of the days. You should understand that the economic situation is very bad, and in these circumstances, you will not find any alternative employment.
When the world is confused about what to do, even God may not be able to help you. I think you should have acted more practically.
From India, Kannur
Acknowledge(0)Amend(0)
When you were asked to report to work, you should have reported. If you were not paid your salary for the period of the lockdown, you should have waited for the situation to improve a little bit. Instead, you remained at home for the rest of the days. You should understand that the economic situation is very bad, and in these circumstances, you will not find any alternative employment.
When the world is confused about what to do, even God may not be able to help you. I think you should have acted more practically.
From India, Kannur
Acknowledge(0)Amend(0)Gathering data for an AI comment.... Sending emails to relevant members...
Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Salary Break up - After deduction.xls
Responsibilitie s of person who is responsible for deduction of TDS on salary.docx