Dear Seniors,
One of my friends, "A," has been working at XYZ Ltd company as a Senior Officer for 25 years. However, for the past 18 months, "A" has not been receiving their salary due to the financial problems faced by XYZ company. Suddenly, XYZ company issued a termination letter citing prolonged absence, but the reality is that "A" was absent for 45 days due to COVID, and this was communicated to the company.
"A" filed a written and online complaint with the Labour Commissioner's office. After a thorough investigation, the labour commissioner closed the case stating that "A" is not categorized as a workman and advised approaching the court directly.
"A" has a gross salary of 40k with a basic salary of 10k. Their last working location was in Madhya Pradesh, while XYZ Ltd's registered/corporate office is in Kolkata.
Please advise on how and where "A" should approach the court to claim their due salary and social benefits.
If there are any specialists in this field, kindly provide contact information for them.
Thank you.
From India, Delhi
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3One of my friends, "A," has been working at XYZ Ltd company as a Senior Officer for 25 years. However, for the past 18 months, "A" has not been receiving their salary due to the financial problems faced by XYZ company. Suddenly, XYZ company issued a termination letter citing prolonged absence, but the reality is that "A" was absent for 45 days due to COVID, and this was communicated to the company.
"A" filed a written and online complaint with the Labour Commissioner's office. After a thorough investigation, the labour commissioner closed the case stating that "A" is not categorized as a workman and advised approaching the court directly.
"A" has a gross salary of 40k with a basic salary of 10k. Their last working location was in Madhya Pradesh, while XYZ Ltd's registered/corporate office is in Kolkata.
Please advise on how and where "A" should approach the court to claim their due salary and social benefits.
If there are any specialists in this field, kindly provide contact information for them.
Thank you.
From India, Delhi
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The labor department would have closed the case because he was an officer having supervisory powers. But he cannot be denied natural justice. The termination of employment for absence without intimation could be justified, but since he had informed the leave, the termination could be illegal. However, 45 days of leave for Covid-19 is practically impossible. Therefore, the act of the employer terminating him can be partially justified. But what about unpaid salary for 18 months? Will he get it? If not, he can file a case against the employer in any civil court. Naturally, it will take years to find a settlement. Therefore, the only possible way is to have a settlement with the employer.
In a similar case, I had advised an employee to file a complaint with the local Police (!) and YES, it worked! If the Police Officer is a good person, he can find a solution for any issue, including issues connected with HR! He called the HR Manager of the establishment and told him to pay arrears of salary plus compensation for termination. In this case, I believe, if your friend is not getting a salary for the last 18 months, others might also be unpaid, and still, the establishment is running. That means there is a clear violation of law, cheating, and this will come under the jurisdiction of the Police. The labor department will take care of workers only, but the Police will protect Managers as well!
Try that way.
From India, Kannur
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In a similar case, I had advised an employee to file a complaint with the local Police (!) and YES, it worked! If the Police Officer is a good person, he can find a solution for any issue, including issues connected with HR! He called the HR Manager of the establishment and told him to pay arrears of salary plus compensation for termination. In this case, I believe, if your friend is not getting a salary for the last 18 months, others might also be unpaid, and still, the establishment is running. That means there is a clear violation of law, cheating, and this will come under the jurisdiction of the Police. The labor department will take care of workers only, but the Police will protect Managers as well!
Try that way.
From India, Kannur
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Salary-Note.doc
SALARY SHEET CALCULATION.xls