Forceful release by company before completion of notice period
I am employed in an BPO at post of manager , I have resigned on 1st march 2015 my notice period was 90 days , Now company is forcefully relasing me on 15th April by paying me only basic salary which is 30% of total salary for remaining period
Is there any way I can counter this
Asked 3 years ago in Labour from Navi Mumbai, Maharashtra
1.Terms & Conditions set out in the appointment order has to be looked into. If notice period of 90 days is stipulated on either side, then the Company is bound to pay you the entire salary admissible, except HRA.
2. Send a legal notice through a Lawyer to the Company to honour its own commitment.
3. Complain against the Company to the Regional Labour Commissioner about the unfair trade practice being practised by the Company.
1) If you have tendered your resignation serving the mandatory notice the company is liable to pay you for the months you are still attending work during notice period.
2) Meet the HR head and inform him/her that the move is not acceptable and you you need to be paid the whole salary as you are prepared to fulfill the terms your employment from your end. Send an email to the same effect to HR head later.
3) Accept the terms of the company with protest if they are adamant. in their stand. Once you have been released you can issue a legal notice to the company demanding payment of arrears.
Make sure that you manage to get a print out or get soft copies of all your correspondence including the resignation before you quit. You will lose access to all as all your ids will be blocked soon.
You are entitled to full salary as you would have earned if you had worked during the notice period and not the basic wage. Some allowances conveyance/food etc which are ancillary to actual working may not be payable.
Give a notice to your employer. You can recover your dues legally by filing a suit of recovery.
Advocate, New Delhi
Sir's thans for advice , Should I start the procedure of sending legal notice when I am in employment or after company has forcefully released me without my consent
Asked 3 years ago
If you have ample evidence to prove that the Company is forcefully releasing you on 15th April by paying you only 30% of salary, then you can send the legal notice when you are still in employment. However, pls ensure that you have enough written evidence before hand.
1. File a complaint before the local labour commissioner,
2. You can also lodge a police complaint for cheating you by not giving your due salary,
3. You can also file a Recovery Suit claiming the unpaid salary, interest, damage and cost.
1. You can send the legal notice on receipt of the letter that you will be released forcefully before hand without your consent,
2. You shall have nothing to loose even if you send the legal notice during your employment since you have decided to leave the Company.