Hi, In both the conditions you can legally ask for you Dues by filing a complaint at the labour forum
, I am working with a automobile dealer from last 1.5 year, yet m not got the confirmation.. my provident fund is being deducted regularly ...but for last 3 months company did not payed me salary , after my several request ( verbal ) they released one month salary.(ln this month August 2018.) Now management is forcing me to resign n giving threat of termination, as I had not taken signature of client on a sales contract which we generally use for booking of a vehicle as this booking was received by a broker to me. I had been given one warning letter for poor performance as m in sales in March 2018. What should I do ?? Should I resign?? Or should I fight for my dues n compensation??
Hi, In both the conditions you can legally ask for you Dues by filing a complaint at the labour forum
See it will be better to take all your pending dues notice for salary amount and resign as the termination and legal battle shall effect you career ask them to pay your full and final payment and serve notice period and look for better job you should fight for your salary and amount even resigning .
Cannot force to resign without valid grounds.
Even for termination, employer is liable to give vaild reasons. If not their action can be question in court of law.
if company forced you to resign from the job you can file a civil suit.
There's no point in fighting with the administration, because you cannot confront them and expect that your relations with them will be smooth for your rest of the stint/continued job with them.
Having said the above, the employment agreement has to be fully complied with this dealer and hence you are liable to receive all your dues in terms of the employment agreement.
If on termination, they are willing to release all your dues, including the salary in lieu of notice period for termination, you cam think about the option that they are giving you.
This is my response to you:
1. Approach the dealer or his HR department and ask for your dues;
2. If they do not give you the same then send a legal notice;
3. Take legal action as a method of last resort;
4. You can also claim compensation for the mental loss suffered by you;
5. Collect evidences oral and documentary in your favour ok.
Hello,
I advise you to resign as fighting the case in the court will be a long and arduous process.
You may claim your PF and other dues.
Regards
If the warning letter contains the clause that on next negligence or poor performance they can remove you without second warning then you have to resign.
But you are eligible to get your 3 months' salary. If thry do not give you file recovery suit after giving them legal notice.
You dont resign the job.
Let them take action for terminating your services.
You can tackle them legally after that including compensation for mental harassment