• NC issued by police for non payment of salary

Hello
I have a very small tailoring unit comprising 6 people....While the company is registered as a proprietorship and follows all the laws, the nature of our staff is labour class and work procedures are informal. We have never given appointment letters to people nor have we given salary receipts. We do however follow a notice period...wherein i ask my staff to verbally inform me two months in advance before leaving....

Recently 2 of our staff members quit without giving any notice in season time causing delays in our orders and consequently financial loss. I did not pay them salary for that month as they had behaved in an unprofessional manner. They have now gone to the police who have issued an NC....I wish to know what legal recourse do i have since the staff have been unprofessional and have casued me genuine financial loss
Asked 2 years ago in Labour from United Arab Emirates
Hi,
 if you get a call from police it's advisable to meet them and inform them what has happened and how it affected your business and you had loss due to the delayed delivery of orders.
2. Since there is no contract signed between you and the employees, legally you can not invoke the rule of two months notice, however you are liable to compensate them their salary if  they have worked.
3. It is necessary to get to your staff to sign the contract of notice period if you decide to take any action, and in the contract you should mention that in case of leaving the job without notice period the basic of the salary will be deducted from the last salary due.
4. To implement this condition you should have other labour rules in place like HRA,DA, gratuity and PF as per the existing rules of your state/country.if you do not want any of these fair labour policies, it is better to pay the employee and settle them their dues.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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It would be advisable to co operate with the police and reach an amicable settlement in settling their dues. You can discuss the loss you incurred while making the final settlement and do so in the presence of the police and get an undertaking that the matter is settled once you arrive at the settlement.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi
Since you do not have any appointment letter given to the staff and no terms of notice period agreed in writing,you can not make the claim of notice period

Try to finish the dispute amicably. At the same time if the police call you say that you had loss due to them

.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. You yourself is highly unprofessional and do not follow the rules prescribed for running an unit like issuance of appointment letter, salary receipts etc,

2. You yourself claimed that the work procedure followed by you are informal,

3. You can not expect/demand that your labour class workers will be formal and follow the rules prescribed by you,

4. If they are not employed formally, they are not required to give notice for leaving your job,

5. Settle the matter amicably, since if they go to labour commissioner/court, you will invite unnecessary problems.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
You need to inform the police when they come as regards the true nature of the facts highlighting the fault on the part of the employees.  With regard two months notice period since it has been a mutual understanding between you and employees, you can inform the police about the same and give evidence for the same. Your other employees can testify your statement. 

The police probably will ask you to pay the amount they deserve with regard to the work they performed.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0

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