Dear All, Its a humble request, please help me proceed in the right direction in the following matter:
I had lost my job in a pandemic in March 2020 & got a new job in August 2020. However, my new employer kept me in dark while hiring & did not inform me about their decision to move out of Mumbai. I was shocked & devastated to know that from fellow workers during casual discussions. Later I confronted my reporting Manager in Feb 2021 & she confirmed that the company will be shifting out of Mumbai wef the new financial year i.e. April 2021.
I stay in the western suburbs of Mumbai; hence I was unable to travel that far which would have also caused me monetary loss.
So, I searched new job & join their post serving 15 days notice period. Now my ex-employer is not clearing my full & final dues stating that I did not serve a complete notice period.
I am the only earning member in my family & I quit that job in order to keep supporting my family.
I request you to let me know if there is any labor department authority that can help me get my salary.
Thank you in advance.

From India, Mumbai
Dear Poonam,

Did your employer issue you the appointment letter? If yes, then what terms are mentioned regarding the notice period? You have served 15 days notice period but how many days you should have served more?

Please clarify.

Thanks,

Dinesh Divekar

From India, Bangalore
Dear Sir,
Thank you for your revert. As to answer your question; I did not receive any Appointment Letter from the company. I just received the offer letter on mail.
Also, they have promised me the increment post completing my probation period. However, I did not receive any confirmation letter from the company.
So, I was technically on my extended probation period.
I had referred company policies in which it was mentioned that an employee on probation period can give 15 days notice period & leave.

From India, Mumbai
Dear Poonam,

If the employer expects the employees to follow the terms and conditions of the employment, then these must be well laid out in the appointment letter. If the appointment letter is not issued, then there cannot be implied terms and conditions. Neither there can be assumptions on the notice period.

Against this backdrop, I recommend you send a proper application for the clearance of the outstanding dues. Mention clearly what dues are outstanding. Mark the copy of this application to the labour officer of your area. Despatch the hard copy by Speed Post to both of them. Once you send the hard copy, you will get the receipt from the Speed Post. Scan the second copy of the letter along with the speed post receipt and send it by email.

If the employer responds to your application, then well and good; otherwise, you may approach the labour officer of your area. Go to that office and personally hand over the second letter. However, you need to be eligible to approach the labour officer. The eligibility is you should be a "workman" under the provisions of the Industrial Dispute Act, 1947. "Workman" means you should not have any subordinates..

Thanks,

DVD

From India, Bangalore
Dear Sir,
I wrote to them about releasing my entire pending salary. However, they have replyed stating I will not get entire salary as I have had not served the entire Notice Period. I had posted my complaint on public grievance portal. However, I did not receive any revert from them yet. Request you to help me proceed in the right direction.

From India, Mumbai

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