I suppose you are a "workman" as defined under the ID Act,1947. First you may send a letter under RPAD to your employer stating that 2 months' salary is due from him and that you have been terminated illegally and asking him for your reinstatement in service. Wait for two weeks for your employer to respond. Depending upon the reply you can take the next course of action.
You can finally file a claim petition under Sec33C(2) of the ID Act for recovery of salary due and challenge your termination under Sec 2A after filing a claim petition before the conciliation officer and completing the due process. If your employer is prudent enough he would settle the issues amicably either before or immediately after your filing of the petitions.
Sanu Soman
From India, Madras
2You can finally file a claim petition under Sec33C(2) of the ID Act for recovery of salary due and challenge your termination under Sec 2A after filing a claim petition before the conciliation officer and completing the due process. If your employer is prudent enough he would settle the issues amicably either before or immediately after your filing of the petitions.
Sanu Soman
From India, Madras
Dear Tanya,
I understand your problem. listen and understand the things very clearly. what hapens to you in earlier no body gives you the correct answer for yours question . All are assumption which they suggest to do such things.
But This is your decision that how to handle the situation by going labour court or by personaly meet to your director or CEO or any other method
Understand Few things in your mind clearly and always keep this things in your mind.
1) There is lot of diffrerence between LTD company and PVT LTD comapny.
2) There is lot of difference between INDIA LTD company and Pvt Ltd copmany.
3) There is lot of difference between INDIA LTD company and Ltd copmany.
INDIA LTD company is always better. if you want to more detail then search google.
Next time pls think to choose any company. if any query is required mail me or call me i will clerify your problem.
With Safe Regards
Rajesh Samkaria
(Safety Officer)
Amtek India LTD
08094020247
From India, Delhi
I understand your problem. listen and understand the things very clearly. what hapens to you in earlier no body gives you the correct answer for yours question . All are assumption which they suggest to do such things.
But This is your decision that how to handle the situation by going labour court or by personaly meet to your director or CEO or any other method
Understand Few things in your mind clearly and always keep this things in your mind.
1) There is lot of diffrerence between LTD company and PVT LTD comapny.
2) There is lot of difference between INDIA LTD company and Pvt Ltd copmany.
3) There is lot of difference between INDIA LTD company and Ltd copmany.
INDIA LTD company is always better. if you want to more detail then search google.
Next time pls think to choose any company. if any query is required mail me or call me i will clerify your problem.
With Safe Regards
Rajesh Samkaria
(Safety Officer)
Amtek India LTD
08094020247
From India, Delhi
Dear Members
Many thanks for your love and support.
I would like to inform you that I have got a better job in an MNC and a good pay which you can say is just double than what I was getting in the last company.
I am staying in Delhi So please help me to get some Delhi, Lawyer's number with whom I can share my problem and he can help me to get out of this problem
Also please advise do I also need to go the court bacause I have recently joined a new company
Again many thanks for your support.............................
From India, New Delhi
Many thanks for your love and support.
I would like to inform you that I have got a better job in an MNC and a good pay which you can say is just double than what I was getting in the last company.
I am staying in Delhi So please help me to get some Delhi, Lawyer's number with whom I can share my problem and he can help me to get out of this problem
Also please advise do I also need to go the court bacause I have recently joined a new company
Again many thanks for your support.............................
From India, New Delhi
Dear Ms. Tanya Negi,
Congratulations for joining new organisation. Glad to know that you earning 100% more that what you were earning before. Its time for you to prove "what you are"
With reference to your previous employer, do let us know know what you want to do. Think well before you reply.
1) Do you want to go to the court and fight for justice
or
2) You want to concentrate on your present and future by considering your past as a bad dream. TIME IS PRECIOUS and we should know how to utilize it effectively.
Looking forward to hear from you.
With profound regards,
From India, Chennai
Congratulations for joining new organisation. Glad to know that you earning 100% more that what you were earning before. Its time for you to prove "what you are"
With reference to your previous employer, do let us know know what you want to do. Think well before you reply.
1) Do you want to go to the court and fight for justice
or
2) You want to concentrate on your present and future by considering your past as a bad dream. TIME IS PRECIOUS and we should know how to utilize it effectively.
Looking forward to hear from you.
With profound regards,
From India, Chennai
hi, dear. my employer has NOT paid me the salary. I have joined the company on Feb'11 & resign by giving one month notice period, but now My GM is saying that I have to go for TWO Months notice period, even I have not received my Appointment letter. & they show my signature on apoointment letter which was not mine..now they are having my salary for June month & 12 days of July'11 & deducted bonus..please advice me to release & I wanted to teach a lesson to GM....please
From India, Jamnagar
From India, Jamnagar
Dear Tanya,
Nice to hear that u hv got job with double the salary of your previous employment. I suggest that you should put the name of your previous company on the net or some social site bewaring people for joining that company. You can even put name of your Team Leader on net. I think, by knowing this, they will have some shame and embarrassing situation and may release your salary. Any how. It all depends upon you whether you want to do this or not......
All the best for your new assignment.
Satinder Pal Singh
From India, Ludhiana
Nice to hear that u hv got job with double the salary of your previous employment. I suggest that you should put the name of your previous company on the net or some social site bewaring people for joining that company. You can even put name of your Team Leader on net. I think, by knowing this, they will have some shame and embarrassing situation and may release your salary. Any how. It all depends upon you whether you want to do this or not......
All the best for your new assignment.
Satinder Pal Singh
From India, Ludhiana
first of all thank you for your kind reply, I resigned with mail & hard copy, earlier it was not accepted by the management. I resign with one month notice period but at the time of releave mangement insist me to give two month notice period, I refuse & quit.please help me ,,regards,
From India, Jamnagar
From India, Jamnagar
Dear,
as per above discussion about salary issue & termination, i can suggest that u can take legal actions as per PWA,1936 & IDA,1947. u may concern to local union or nearby GLO. definitely u will get your salary which u deserve.
regards,
Nitin
HR & Legal Matters
9898104999
From India, Vadodara
as per above discussion about salary issue & termination, i can suggest that u can take legal actions as per PWA,1936 & IDA,1947. u may concern to local union or nearby GLO. definitely u will get your salary which u deserve.
regards,
Nitin
HR & Legal Matters
9898104999
From India, Vadodara
Dear repliers.
Please note that you can take a legal action but you can not go to the labour court even its a despute.
because tanya dont come under 'workmen' defination of ID act so she cannot go to labour court. but she can go to civil court & civil court will see that whether natural justice act has voilated in her case or not and court will decide the compensation amount to be paid to her.
But please not that staff members can not go to labour court only persons who comes under workmen defination of ID act
they can ask or apeal to civil court.
Please correct me if I am wrong
Arun J.
From India, Hyderabad
Please note that you can take a legal action but you can not go to the labour court even its a despute.
because tanya dont come under 'workmen' defination of ID act so she cannot go to labour court. but she can go to civil court & civil court will see that whether natural justice act has voilated in her case or not and court will decide the compensation amount to be paid to her.
But please not that staff members can not go to labour court only persons who comes under workmen defination of ID act
they can ask or apeal to civil court.
Please correct me if I am wrong
Arun J.
From India, Hyderabad
Hi friends,
I am working for Food & Beverage Retailing company having units across India. Since the company is running through rough phase they are unable to pay the staff salaries in time. Holding for months together and making me accountable to handle them.
On other side, staff also started pressurizing me to take it up with the management. Despite of so many discussions with management there was no commitment on schedule course of action to be taken for clearing the same.
Since HR Department is not able to expedite and clear the dues, it is passing the negative feedback to all staff that HR Department is not capable of handling the situation.
At this juncture, I request all the Cite HR members to advice.
Regards
Prasad
From India, Mumbai
I am working for Food & Beverage Retailing company having units across India. Since the company is running through rough phase they are unable to pay the staff salaries in time. Holding for months together and making me accountable to handle them.
On other side, staff also started pressurizing me to take it up with the management. Despite of so many discussions with management there was no commitment on schedule course of action to be taken for clearing the same.
Since HR Department is not able to expedite and clear the dues, it is passing the negative feedback to all staff that HR Department is not capable of handling the situation.
At this juncture, I request all the Cite HR members to advice.
Regards
Prasad
From India, Mumbai
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