I was working in a Media Company in 3rd party payroll with condition that all decision of Deploying company would be final. On 25th Jan 2017 when I was in Leave I got a call that 25th is my last date. My question are as below. A. Can I go for a complaint with Labour Commissioner or to Civil Court? B. Can I go for a complaint including the Deploying company or to the 3rd party only. C. Since I never got 1 month Notice as per appointment letter what all kind of compensation I can demand for? D. What charge I can file since I never got time to look for alternatives since I'm the only income source in my family. Thanks, Amit Kumar
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1) you are entitled to one month notice as per your appointment letter
2) since your services are being terminated you are entitled to compensation as per terms of your appointment letter
3) issue legal notice to company to pay your outstanding dues
4) if company fails to pay you can file summary suit to recover your dues
5) if you fall within definition of workman you can file complaint before labour commissioner
It is not clear in what capacity you were working in the company.
If it was in managerial position you can not raise dispute in labour court.
If you have not received your statutory dies you can file civil suit but such suit takes lot of time and hence it would not be cost effective.
Hence in such cases it is advisable that you resolve the dispute amicably else going to court may not be cost effective and efficacious.
I was working as MIS Executive
Section 2(s) of industrial disputes act defines workman as any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work, for hire or reward, terms of employment be express or implied and includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of dispute.
2) it exclaimed person employed in managerial or administrative or supervisory capacity
3) you would not fall within definition of workmen
You have to first go through the conditions of employment mentioned in the employment offer letter.
If there is a condition to issue prior notice before initiating termination action, then you are entitled to compensation as per law for this breach of contract/condition.
You can initiate action against the person/company which offered you this employment and not against the third party who has nothing to do with your employment conditions.
You can issue a legal notice seeking their explanation as well as the compensation for the losses you suffered for their this sudden and drastic action.
If there is no response or satisfying reply then you may file a writ petition also agaisnt the employer for this sudden termination seeking reinstatement and also the salaries and other entitlements due to you in the interim period.
