Dear All,
I am in a very peculiar situation. I worked with a Kolkata based Distribution company as a Sr. Executive at Rajasthan from Nov 08 till 31st March 2009. All of a sudden on 23rd of March My ED sends me a mail that the company is not interested to continue with the Branch & so needs to close down the Branch Office. I was under the impression that as per my Offer letter given by the Company, I need to give 3 months Notice in writing to the company if I had left the company & so should be the rule for the company as well. But eventually My HR now tells me that As per the company policy the company is not bound to pay me anything.
Please help me as I want to know is there any possibility to claim the 3 months Notice pay as well as my March Salary from the company. If yes then What do I need to do for that.
Regards,
Aditya
From India, New Delhi
I am in a very peculiar situation. I worked with a Kolkata based Distribution company as a Sr. Executive at Rajasthan from Nov 08 till 31st March 2009. All of a sudden on 23rd of March My ED sends me a mail that the company is not interested to continue with the Branch & so needs to close down the Branch Office. I was under the impression that as per my Offer letter given by the Company, I need to give 3 months Notice in writing to the company if I had left the company & so should be the rule for the company as well. But eventually My HR now tells me that As per the company policy the company is not bound to pay me anything.
Please help me as I want to know is there any possibility to claim the 3 months Notice pay as well as my March Salary from the company. If yes then What do I need to do for that.
Regards,
Aditya
From India, New Delhi
167
Well in the Offer Letter its not mentioned for either side rather its just mentioned like I would have to give 3 months notice or 3 months salary in lieu of the notice if I leave the Organisation. But if the company initiates a seperation then what what happens is what I want to know..
From India, New Delhi
From India, New Delhi
Thanks Sir for your support, I would really need advices like yours as I am without a Job due this company's sudden decision. They closed every thing at a notice of just seven days. I dont think by any mean that is acceptable by the court of law.
Regards,
Aditya
From India, New Delhi
Regards,
Aditya
From India, New Delhi
You should tell the company that you will initiate legal action against them as suggested by Mr. Malik. Please dont let it go withouth your hard earned money... Thanks
From India, Faridabad
From India, Faridabad
Dear Aditya,
It seems that in this case you have been tricked by your company. Separation notice period cannot be from one side only and if that be the case then you should not have accepted the letter in the first case. I don't know whether it's your lack of knowledge or improper guidance but whatever may be the case, you are in a spot of bother. As far as my legal knowledge goes your only remedy in such a situation is to file a legal suit against the company and claim your money. But I cannot guarantee you that the outcome will be in your favour.
All the best in your efforts.
Regards
From India, New Delhi
It seems that in this case you have been tricked by your company. Separation notice period cannot be from one side only and if that be the case then you should not have accepted the letter in the first case. I don't know whether it's your lack of knowledge or improper guidance but whatever may be the case, you are in a spot of bother. As far as my legal knowledge goes your only remedy in such a situation is to file a legal suit against the company and claim your money. But I cannot guarantee you that the outcome will be in your favour.
All the best in your efforts.
Regards
From India, New Delhi
Hey Aditya,
Its shocking to hear that there are such companies as well.
Go n speak to the concerned person in your office.
May be he would be going with some deths or having no money to pay you.
Ask him calmly n importantly till when can he give you your money.
Tell him u need it at urgent and get in writing all these b4 approaching legally.
As things alwz get solved calmly rather than hayoos n all that burden of going to legal offices.
But still if u eel that this wont be a fruiyful thing go and approach under welfare act of delayg salry with some legal consultant.
The choice is in your hands buddy as we are our own best judge alwz.
Just a small advice or suggestion never let these negativ things affect your coming future.
Make it a strong pillar ur negativ experiance in positiv way in making right decisions in future.
Wish you lots of LUck and beliv in urself.No talent with hard as well as smart work goes fr vain..It alwz helps ahead if taken postively.
Cheers
Rashmi Bhalerao
From India, Mumbai
Its shocking to hear that there are such companies as well.
Go n speak to the concerned person in your office.
May be he would be going with some deths or having no money to pay you.
Ask him calmly n importantly till when can he give you your money.
Tell him u need it at urgent and get in writing all these b4 approaching legally.
As things alwz get solved calmly rather than hayoos n all that burden of going to legal offices.
But still if u eel that this wont be a fruiyful thing go and approach under welfare act of delayg salry with some legal consultant.
The choice is in your hands buddy as we are our own best judge alwz.
Just a small advice or suggestion never let these negativ things affect your coming future.
Make it a strong pillar ur negativ experiance in positiv way in making right decisions in future.
Wish you lots of LUck and beliv in urself.No talent with hard as well as smart work goes fr vain..It alwz helps ahead if taken postively.
Cheers
Rashmi Bhalerao
From India, Mumbai
Hi Aditya,
I am sorry to hear that, but no need to bother. You once again approach them calmly and ask for your salary before going to take legal action. then based on the situation you can act accordingly.
Malik sir is suggesting well in this matter.
I wish you all the best future and hope you will not face these kind of situations.
regards,
Hemadri.
From India, Tirupati
I am sorry to hear that, but no need to bother. You once again approach them calmly and ask for your salary before going to take legal action. then based on the situation you can act accordingly.
Malik sir is suggesting well in this matter.
I wish you all the best future and hope you will not face these kind of situations.
regards,
Hemadri.
From India, Tirupati
There are few questions to be answered here
1. I am sure ur wages is above Rs 1600. Then you are not covered under Payment of wages act. (refer sec 1(6) of the act)
2. Do you have a clause in appointment letter or any document given from the company specifying " the company has to give 3 months notice or the notice pay in lieu of the same"- If yes you go ahead with legal action. You are sure to win. I
IF " No" then your case is week but still taking leagal suggestion is a good option as the offer letter and other documents can be further scrutinised for loop holes.
3. Can you produce proof of company paying notice pay to any other employees prior to this- If yes you have a good case but you must be able to prove that the pay was given as notice pay itself.
You may go for a direct high court writ petition
From India, Bharat
1. I am sure ur wages is above Rs 1600. Then you are not covered under Payment of wages act. (refer sec 1(6) of the act)
2. Do you have a clause in appointment letter or any document given from the company specifying " the company has to give 3 months notice or the notice pay in lieu of the same"- If yes you go ahead with legal action. You are sure to win. I
IF " No" then your case is week but still taking leagal suggestion is a good option as the offer letter and other documents can be further scrutinised for loop holes.
3. Can you produce proof of company paying notice pay to any other employees prior to this- If yes you have a good case but you must be able to prove that the pay was given as notice pay itself.
You may go for a direct high court writ petition
From India, Bharat
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