Apex Management
Labour Laws Consultants
Riteshmaity
Labour Law Advocate
Athena & Bhairav
Legal Consultant
Samarjeet.ghogare
Production Engineer

Thread Started by #samarjeet.ghogare

I was working in XXX Information services pvt Ltd.as I joined started my work i was there for near about a month after that they are not able to give me work. when I asked for my job profile and related work. they terminated me against cost cutting reason and not paying my salary after 50 days, as per company policy. But now I am contacting no one responding me. I visited company office but they asked me to meet director. But they don't know when director is in office.
So.
What should I do?
4th August 2016 From India, Thane
First you are entitled to the salary of the days you have worked.
Your termination is bad and illegal but there will be not much effect/ benefit to challenge such termination since you have worked for 1 month only.
Assuming you have accepted the termination you will entitled to notice pay.
From the above facts and circumstances, it seems you are entitled to salary for the month you have worked + notice pay.
Please demand the same in writing (send letter through speed/ registered post)
If they do not pay, you can approach a lawyer to send legal notice against the company.
5th August 2016 From India, Kolkata
Dear Samarjeet
The salary for the work you have done is your right and there are many means and ways to get your salary.
I understand that your employer is a Pvt Ltd Company, and hence you have a very good case of recovery by way of commercial winding up.
Any unpaid salary is debt on the company and to get the debt out the company one may use the route of commercial winding up.
To begin with, you may issue a commercial winding up notice to the company, and I am sure rest will fall in place.
Thank you
A&B
5th August 2016 From India, Ahmedabad
You are eligible for earned wage and notice pay if the employer has terminated / retrenched you. If you are a workman as per ID Act, you can file a demand before the conciliation officer or can file your claim under section 33c(2) of ID Act.
Don't go for winding up procedure. Issuing a winding up petition against a company is a legitimate and effective course of action in recovering an unpaid debt, however, there are disadvantages and circumstances where insolvency proceedings are not appropriate. The remedies are in the ID Act in your case.
P K Sharma
6th August 2016 From India, Delhi
Dear Samarjeet
Every unpaid salary is debt hence can a winding up petition can be filed against your employer
Insolvency and Commercial winding up petition are two different things, and it is perfectly safe to go for a commercial winding up petition, in fact, the person would get an immediate result under commercial winding up proceedings.
Regards
A&B
9th August 2016 From India, Ahmedabad
Dear A&B, When the remedies are available under the ID Act then why are you suggesting commercial winding up petition? P K Sharma
10th August 2016 From India, Delhi
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