Hi Sir, I am working as a Lecturer with a university, the organization is paying only 30% salary since March 2020; and even that is too irregular after 25-28 days. Even for the month of March prior to lockdown when I have served for a full month I received; the employer is saying that they are out of funds.
Now in that salary I am not able to survive and fulfill family needs; and getting another good opportunity; now the situation is that in my joining letter the notice period is 3 months or 3 months salary in compensation of notice period.
I need to know that when the employer is not paying the full salary and will not pay for another 2-3 months as per the circular.
1. Am I bound to serve the notice period?
2. Second, when I asked directly for salaries they have put indiscipline charges on me and said that I have to be associated with them till the completion of internal disciplinary inquiry; and till the completion of inquiry, I will not be paid and can't resign.
Kindly suggest the best possible solution
From India, Delhi
Now in that salary I am not able to survive and fulfill family needs; and getting another good opportunity; now the situation is that in my joining letter the notice period is 3 months or 3 months salary in compensation of notice period.
I need to know that when the employer is not paying the full salary and will not pay for another 2-3 months as per the circular.
1. Am I bound to serve the notice period?
2. Second, when I asked directly for salaries they have put indiscipline charges on me and said that I have to be associated with them till the completion of internal disciplinary inquiry; and till the completion of inquiry, I will not be paid and can't resign.
Kindly suggest the best possible solution
From India, Delhi
Dear Gaurav,
The problem is that the teaching staff is not covered under the labour laws. Therefore, you do not have a legal remedy under the provisions of the existing labour laws.
I recommend you settling the matter amicably. By raising bogey of indiscipline against you, your employer has made their intention clear. Now their bargaining power is high. I recommend you foregoing even that 30% salary for the current month and ask them unblemished relieving letter.
Put up letter of apology. There is no point in fighting with the employer at this stage. Therefore, compromise is only the solution.
Thanks,
Dinesh Divekar
From India, Bangalore
7883The problem is that the teaching staff is not covered under the labour laws. Therefore, you do not have a legal remedy under the provisions of the existing labour laws.
I recommend you settling the matter amicably. By raising bogey of indiscipline against you, your employer has made their intention clear. Now their bargaining power is high. I recommend you foregoing even that 30% salary for the current month and ask them unblemished relieving letter.
Put up letter of apology. There is no point in fighting with the employer at this stage. Therefore, compromise is only the solution.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Divekar
Thanks for providing the guidance on the matter. I have one more point to discuss that I have joined in month of november 2017 and to complete their compliance my employer has reported in approval body the date of 3 months back i.e. for July 2017 but at that time I was working with previous employer; this is just trick of my employer to fulfill compliance; can this help me to bring situation to some extent in my favor during bargaining.
From India, Delhi
Thanks for providing the guidance on the matter. I have one more point to discuss that I have joined in month of november 2017 and to complete their compliance my employer has reported in approval body the date of 3 months back i.e. for July 2017 but at that time I was working with previous employer; this is just trick of my employer to fulfill compliance; can this help me to bring situation to some extent in my favor during bargaining.
From India, Delhi
YOU have a strong case to expose the employer . Yes you can do this discreetly and get yourself relieved from service, provided you must have enough proof/evidence to establish your case and have conviction to face against the possible onslaught of your employer who may be prone to do so
Please think over and act .
Wish you all success
Panchsne'
P.Senthilkumar
9884009193
From India, Chennai
Please think over and act .
Wish you all success
Panchsne'
P.Senthilkumar
9884009193
From India, Chennai
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Some important Employment and labour law notifications during Covid 19 lockdown - consolidated b.jpg
Some important Employment and labour law notifications during Covid 19 lockdown - consolidated b.pdf