Unpaid Salary After Immediate Termination: Should I Take Legal Action Against My Employer?

I was working at HHCL, Gautam Nagar, New Delhi-110049 as a Computer Operator. On 1st February, I was terminated with immediate effect without any notice period, whereas as per the joining letter, the minimum notice period should be six days if the employer terminates the employee. I was told that the full and final settlement would be immediate. When I didn't receive the amount in my salary account by 7th February, I sent them an email. The CEO of the company responded, asking me to come on Monday to receive the full and final payment after signing the document. When I went to the office, they told me to rearrange my work (soft copies on the computer) done previously. I did the same the whole day. The CEO reviewed the files and told me to come again the next day and complete the work. If I didn't do so, they would not pay the full and final amount. I told him I would not come again. I sent an email to them with a two-day ultimatum (till yesterday) for legal action. Still, they didn't pay the amount. What should I do? Should I go to the labor court? How much time will it take for a judgment? Please suggest me on [Email Removed For Privacy Reasons].

Please answer the following:

Company Information

What is your company - IT/ITES/Manufacturing/Trading?

Employment Duration

How long have you been in the services of the company?

Termination Details

What is the reason mentioned in the orders of termination?

Salary Payment

Was your salary for January paid or not?

Regards

I second Mr. Umakanthan M. You first need to share the reasons for the action taken against you because, without any reason or if there was nothing wrong on your end, you can't be terminated. Your query is incomplete, and without getting the complete details and reasons, you won't be able to get good and appropriate answers.

When I went to the office, they told me to rearrange my work (Soft Copies on Computer) done previously.

https://www.citehr.com/484717-employ...#ixzz2tYrorILs

Clarification Needed on Work Rearrangement

What do you mean by rearrange the work done by you previously? Do you mean to say that you have deleted the work done by you? If so, on what grounds will you go for legal action? It is your moral responsibility to work diligently and hand over the work if required by the company. Please elaborate on your query and also let the forum know the reason for termination to give an appropriate answer.

The company deals in Bird Management and Pest Control. I have been with them since June 2013. They informed me that the work I did on January 31st was not sufficient. Consequently, they pressured me to resign on plain paper. My salary for the month of January has been paid, but I am yet to receive my salary for February.

With Regards,
Arvind Kumar

You had been employed in the capacity of a workman, and as such, the provisions of the Industrial Disputes Act, 1947, are applicable to you. However, the difficulty lies in the mode of your termination. From your narration of the events post-termination, it appears that you are a very obedient person with an amiable character. Nonetheless, whether under compulsion or threat, you tendered your resignation on plain paper, thus, you are unaware of the reasons stated therein for your resignation. If you raise a dispute under Section 2A of the Industrial Disputes Act, you will have to prove this at the appropriate stage of the proceedings to the satisfaction of the authority.

Since your date of relieving is the 1st of February, if at all, you are entitled to one day's salary only. Furthermore, the total length of service appears to be exactly 245 days if undisputed, making you eligible for just 15 days' wages as retrenchment compensation if a settlement is mutually agreed upon. If you are very particular about re-employment in the same organization or about fighting the injustice meted out to you, you may raise a dispute before the Labor Officer for the area where the company is situated or where you last worked.

Therefore, my most practical suggestion is to be tactful in obtaining an experience certificate couched in a tone of appreciation from your previous company and to pursue a fresh job in a reputable organization.

I haven't received my salary for January 2014. I have received the salary up to December 2013. I signed the full and final document on 18th Feb. 2014. They informed me that the amount would be credited to my salary account within 3-4 days. I am still waiting. Every time I contact the accounts head of the company, he tells me over the phone that the amount will be credited in 3-4 days. This is his standard response. What should I do? Please suggest a course of action. If I decide to take legal action, how long will it take for a final judgment?

With Regards,
Arvind Kumar

Wait until the end of February 2014. Even then, if the salary is not paid to you, file a claim under Section 15(1) of the Payment of Wages Act, 1936 before the Deputy Commissioner of Labour.