Seeking Guidance on Legal Action Against Employer
I am working as a chemist at Relief Lab Pvt. Ltd., a pharma company in Nagpur, for the last two months. I had taken a leave after providing prior written intimation. Upon my return to the office after my leave, the employer terminated me directly, citing a trivial reason (lack of coordination), without any prior notice. Additionally, he is withholding my last month's salary and is insisting that I submit a resignation letter before releasing it.
Discrepancies in Working Hours and Salary
The actual issue lies in the discrepancy between the company's communicated working hours (till 6 pm) at the time of recruitment and the employer's practice of making employees work until 8 pm or later by locking the gates. Due to my commute of 22 km, I am unable to stay beyond the originally agreed time. It seems to be the employer's habit to hire new employees, dismiss existing ones, and withhold their salaries. Furthermore, the actual salary being paid is lower than what was promised during recruitment. The employer does not provide salary slips to employees and delays salary payments until the 17th or 18th of the month.
Unethical Employer Practices
The employer's behavior is highly unethical, as evidenced by the situation outside the company gate where laborers wait daily to receive their outstanding salary payments, which the employer refuses to disburse. Despite repeated requests, I have not been given an appointment letter, salary slip, or my EPF and ESIC numbers. I am concerned about whether my EPF and ESIC contributions have been deposited as well.
I am now seeking guidance on taking legal action against the employer to obtain my pending salary.
Thank you.
From India, Nagpur
Acknowledge(0)
Amend(0)
I am working as a chemist at Relief Lab Pvt. Ltd., a pharma company in Nagpur, for the last two months. I had taken a leave after providing prior written intimation. Upon my return to the office after my leave, the employer terminated me directly, citing a trivial reason (lack of coordination), without any prior notice. Additionally, he is withholding my last month's salary and is insisting that I submit a resignation letter before releasing it.
Discrepancies in Working Hours and Salary
The actual issue lies in the discrepancy between the company's communicated working hours (till 6 pm) at the time of recruitment and the employer's practice of making employees work until 8 pm or later by locking the gates. Due to my commute of 22 km, I am unable to stay beyond the originally agreed time. It seems to be the employer's habit to hire new employees, dismiss existing ones, and withhold their salaries. Furthermore, the actual salary being paid is lower than what was promised during recruitment. The employer does not provide salary slips to employees and delays salary payments until the 17th or 18th of the month.
Unethical Employer Practices
The employer's behavior is highly unethical, as evidenced by the situation outside the company gate where laborers wait daily to receive their outstanding salary payments, which the employer refuses to disburse. Despite repeated requests, I have not been given an appointment letter, salary slip, or my EPF and ESIC numbers. I am concerned about whether my EPF and ESIC contributions have been deposited as well.
I am now seeking guidance on taking legal action against the employer to obtain my pending salary.
Thank you.
From India, Nagpur
Acknowledge(0)Amend(0)
Termination vs. Resignation
If he has terminated your service, then the question of asking for your resignation does not arise. Either the case can be of termination or resignation.
Unlawful Termination
Coming back to termination, your termination is totally unlawful and illegal since no chargesheet was issued, nor was any inquiry held. However, you will not receive any benefits (reinstatement and back wages) since you have only worked for 2 months (you have worked for only two months, right?)
Outstanding Salary
Regarding your outstanding salary, your employer cannot withhold that even if you are terminated. Please demand such salary in writing (via registered post).
Working Hours and Overtime
Regarding working hours, you are not required to work for more than 48 hours per week. If you do so, you are entitled to receive overtime.
Depending on your demands (considering your short working span of two months only), a new course of legal action can be decided.
From India, Kolkata
Acknowledge(0)Amend(0)
247If he has terminated your service, then the question of asking for your resignation does not arise. Either the case can be of termination or resignation.
Unlawful Termination
Coming back to termination, your termination is totally unlawful and illegal since no chargesheet was issued, nor was any inquiry held. However, you will not receive any benefits (reinstatement and back wages) since you have only worked for 2 months (you have worked for only two months, right?)
Outstanding Salary
Regarding your outstanding salary, your employer cannot withhold that even if you are terminated. Please demand such salary in writing (via registered post).
Working Hours and Overtime
Regarding working hours, you are not required to work for more than 48 hours per week. If you do so, you are entitled to receive overtime.
Depending on your demands (considering your short working span of two months only), a new course of legal action can be decided.
From India, Kolkata
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Salary-Note.doc