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Dinesh DivekarDear member,
I recommend filing a complaint against your employer with the Labour Office. Find out the labour office under whose jurisdiction your company falls. Go there and give a written application. Carry with you evidence of your employment.
From India, Bangalore
umakanthan53When an employee tenders his resignation effective from a future date with the willingness to serve the entire notice period so stipulated in the contract of employment, virtually it is an offer made by the employee. When the employer accepts the offer as it is, he has to keep him in employment till the expiry of the entire notice period and only then relieve him. So far so good in respect of the offer and acceptance of both the parties. But when the employer accepts the resignation with immediate effect and relieves the employee without allowing him to serve the entire notice period stipulated, it amounts to a counter-offer which requires the acceptance of the employee concerned. The issuance of notice of foreclosure of a contract of employment as per the terms of contract is not a mere empty formality but an opportunity to get both of them prepared for the hardships, if any likely to be created by the foreclosure. In other words, it allows the employer some time to find out a suitable substitute for the position resigned and the exiting employee keeps himself employed till the effective date of termination in future. In the event of the employee's non-acceptance of the counter-offer by the employer as per his unilateral choice, to give immediate and instantaneous effect to his choice, the employer should compensate the employee only by paying the notice salary. Otherwise it will tantamount to breach of the notice clause of the contract of employment that would result in paying unliquidated damages if contested in a Court of Law. This is the legal position of modification of the notice period by the employer contrary to the offer of the resigning employee to serve it in full.
However, unfortunately, the post is silent about the status or position of the job held by him under the ex-employer i.e., whether the capacity of his employment was managerial/administrative or supervisory with a salary of Rs.10000/=p.m or above or that of a workman as defined u/s 2(s) of the Industrial Disputes Act,1947. This is a vital information based on which only, the course of remedial action can be suggested to the aggrieved employee.
If the poster belonged to either of the first two categories mentioned above, he has to institute only a Civil Suit for recovery.
If he was a workman, he can file a claim u/s 33-C(1) of the ID Act,1947 to the appropriate Government i.e the Secretary to Govt, Labor Department.
If his monthly salary was not exceeding 24000/= irrespective of the position held by him, he can file a claim u/s 15(1) of the Payment of Wages Act,1936 to the authority under the Act i.e., normally, the Deputy Labor Commissioner for the area where the establishment is.
From India, Salem
pratik-sahaDear Sir - Utmost thanks for your swift response I plan to file a complaint against the employer at the Labour Office / Deputy Labor Commissioner office in Gurgaon, Haryana at the earliest Kindly let me know if I can file the complaint online or I have to visit the respective office at Gurgaon physically to submit an application Can you please advise how would the Labour Commissioner generally proceed to settle the case and if there are charges that I would have to pay for them to look into my matter
umakanthan53All the remedies suggested above other than a claim u/s 33-C(1) are quasi judicial in nature. Therefore, it is better to engage the services of an advocate or a trade union leader for representation.
From India, Salem
suresh-balasubramanianwhat is your designation and level. if you are a person covered under Industrial Dispute act, you can file a case against your employer or else please approach a legal council who deals with labour law and take his legal help.
From India, Chennai
panchsenTo avoid the complications, the employee can mention the exate date when he would like to get relieved in his letter of resignation , For example, if the employee has to give 3 months notice for resignation and he submits his resignation on 1st July 2020 , he can mention in his letter of resignation that he may be relieved off his duties/ responsibilities from close of working hourson 30th September 2020 . In this event, the employer cannot relieve him prior to the date of relief sought by the employee . If the employer however feels that it would be risk/nuisance to keep him till 30th September 2020, he can relieve the employee earlier provided he in obliged to pay the salary in lieu of notice for the period of deficiency of notice period.
From India, Chennai