On 14th Jun 2018 I got mail about Termination of your present work as current client shut down the project, I was wonder that wishing that same company on same name got another project in Patna Smart City, so, Termination is apply but when this same company having another project then how hierarchy proceed for Termination. Anyway I accepted soon the letter and replied that you are not paid last 9 months salary and 22 months reimbursement, reply was in three months salary on 14th, 15th and 22nd June I got, in this regard this company many project plucked in the spanish name EPTISA SERVICIO DE INGENIERIA S.L. I offered for anywhere to give me a chance, but totally ignored. Even I am simply B.E. Graduate, I was working as Project Engineer, many Construction Supervisor were under me and due to some bad policies of company about more than 100 persons Terminated and for some persons bad effects folded another one's job. In this regard I contacted many Juniors then knew that no one got full and final payment on time, more over some persons not got all the money, that they deserve so I hold my decision to received all the payment instead of joining any company. In this regard some law I want to know that follows :-
1. In Termination by a Private firm which is not in debt, which has many another projects in hand "Maximum of full & Final Settlement", (What is the Indian Labour Law Act / Clause).
2. I served for this company from 1-04-2015 to 13-07-2018 (This day I am under notice period), yet 7 months salary and 23 months reimbursement is due, P.F. is updated, any charge can I do? (What is the Indian Labour Law Act / Clause).
3. According to Indian Government rule "How many earned leave I can claim". (What is the Indian Labour Law Act / Clause)
4. If retrenchment then First in Last out and its compensation, (What is the Indian Labour Law Act / Clause).
5. NO DUES Certificate produce at present of employee at corporate office, (What is the Indian Labour Law Act / Clause).
2nd July 2018 From India, Patna
Dear friend,
From your narration, your position as a Project Engineer is of supervisory nature and I presume your monthly salary would be certainly more than Rs.10000-00.
If it is correct, you escape the ambit of the definition of the term " workman " u/s 2(s) of the Industrial Disputes Act,1947. As such you can not seek any remedy under the Act for your employment grievances.
If your monthly salary is only Rs.24000-00 or less, you can institute recovery proceedings for all your pending dues like unpaid salary, leave salary etc., u/s 15(1) of the Payment of Wages Act,1936.
It is also discernible from your post that you are at present in your notice period as per the unilateral termination of the contract of employment at the instance of your employer. One can not give you appropriate answers to your queries relating to the reasonableness of the reasons cited by the employer or the manner adopted to send you out without reading the entire contract of employment.
Therefore, if you feel aggrieved and agitated, patiently wait till you are formally relieved and then file a Civil Suit against your employer for damages on account of breach of the contract of employment as well as recovery of the amounts due with interest.
My practical suggestion to you would be getting the dues by persuasion rather than time consuming legal action.
3rd July 2018 From India, Salem
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