Dinesh Divekar
Business Mentor, Consultant And Trainer

Hello, I am an ex-employee of a reputed company, they are deducting some staff members salary from May-2020 till this month, by giving the reason for financial losses of a company, when I asked for that management terminate me without any notice, they just gave me the reason of covid-19, I joined the company at April-2019.
what types of compensation I can claim against them? as per rule

From India, Thane
Dear Suraj,

A few questions related to your post:

a) The company has been deducting the salary. Was the deduction only for you or many others or all the employees?
b) Your services have been terminated. However, were only your services terminated or a few others also?
c) What yardstick was applied while removing an employee? Was it Last In First Out (LIFO) or performance?
d) How did you ask for the restoration of your salary? Was it through your HOD or on your own? Were you polite? Did the personnel working in the HR department construe it as your effrontery?
e) Were you a confirmed employee or you were still under probation?

Please give replies to the above questions. Whatever may be the replies, now you are out of a job. Therefore, better start searching for a new one.

Your question was on severance pay. If you were a confirmed employee then you are eligible to get a payment in lieu of the notice period. To know your eligibility, check your appointment letter.

Thanks,

Dinesh Divekar

From India, Bangalore
a) company was deducting salary from may-2020 to this month. not only me some other staff members too.
c )not any specific method used for my termination.
d ) i asked for deducted salary on behalf of all staff members to our head office before 2 months.
and they told me after sept or oct salary will be regular. in sept month salary was rugular for
some staff . but my salary was deducted 25% which is regular deduction from may-2020
e ) yes i am confirmed employee.
they are ready to pay one month notice period salary but i want my all deducted salary from may to sept-2020. pls help me

From India, Thane
Dear Suraj,

The paragraph (d) of your reply reads "i asked for deducted salary on behalf of all staff members to our head office before 2 months. and they told me after Sept or Oct salary will be regular."

It appears that your company smelt rot when you had represented other staff members to the Head Office (HO). Your HO officials might not have liked your labour leader like activities and they have terminated you though others are retained.

Since you have not been paid the complete salary since Apr 2020, you may put up the application to the MD of your company to clear the balance salary. However, wait for the receipt of the one month salary in lieu of notice period. Submit the application only once you receive this salary.

If your MD obliges then well and good otherwise submit a reminder application after a fortnight or so. If you do not receive any reply even after your second application also then approach this forum. We will see what to do.

Thanks,

Dinesh Divekar

From India, Bangalore
Anonymous
Dear Mr. Dinesh,
Thank you for your insight given here. My query if the employee is in probation and the employment rules and policies of the company is one month notice period in case of separation/termination then notwithstanding the employee confirmed or not, shall be eligible to receive notice payment in lieu of. Further the service rule of the company if says double of unserved notice period by the employee in that case if the employee under probation is suddenly terminated without giving opportunity to serve for a month, can the aggrieved employee claim double of the notice period ie 2 months. What's your opinion in this regard, please give your enlightened views.
Thanks.

From India, Mumbai
Suraj,
If you are covered under the definition of "workman" u/s 2(s) of I.D. Act 1947 and the employer did not pay you retrenchment compensation, then you can raise an industrial dispute before Conciliation Officer and also claim your due wages before the Authority prescribed under Payment of Wages Act 1936.
S. K. Mittal
9319956443

From India, Faridabad
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