MAHESH PRASAD GUPTA
3

Dear Seniors,

On of my friend "A" working in a XYZ Ltd company as a Senior Officer since 25 years, now since 18 months "A" not getting salary due to financial problems of XYZ company. Suddenly XYZ company issues termination letter reason of absent long time but the fact is "A" was absent for 45 days due to COVID & the same informed to the concern of XYZ company.

"A" approached with written & Online complain to the concern area Labour commissioner after details investigation labour commissioner close the case with the reason you are not under the category of workmen & you may approach to the court directly.

"A" Gross salary is 40k & Basic is 10k.

Last working place of "A" is at Madhya Pradesh & XYZ ltd registered / corporate office is at Kolkatta.

Please advice how & where to approach the court so "A" will get his due salary & the social benefits.

If any concern specialist is here please provide the contact & mail to contact.

From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
MAHESH PRASAD GUPTA
Deputy Manager - Hr & Admin

Madhu.T.K
3809

The labour department would have closed the case because he was an officer having supervisory powers. But he cannot be denied the natural justice. The termination of employment for absence without intimation could be justified but since he had informed the leave, the termination could be illegal. But 45 days of leave for Covid 19 is practically impossible. Therefore, the act of the employer terminating him can be partially justified. But what about unpaid salary for 18 months? Will he get it? If not he can file a case against the employer in any civil court. naturally, it will take years to find a settlement. Therefore, the only possible way is to have a settlement with the employer.

In a similar case, I had advised an employee to file a complaint in the local Police (!) and YES, it worked! If the Police Officer is good person he can find solution for any issue, including issues connected with HR! He called the HR Manager of the establishment and told him to pay arrears of salary Plus compensation for termination. In this case, I believe, if your friend is not getting salary for the last 18 months, others might also be unpaid and still the establishment is running. That means there is clear violation of law, cheating and this will come under the jurisdiction of the Police. labour department will take care of workers only but the Police will protect Managers as well!

Try that way.

From India, Kannur

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