Facing Unpaid Salary and Job Loss After Severe Illness: Can I Seek Justice?

I am Manasa from Bangalore. I worked in a Level 3 MNC as a contractor for a well-reputed company from July 7th, 2011, to March 15, 2012. The employer pays the salary on the 7th day of the month.

During the period of February to March 2012, I suffered from severe typhoid fever and continued to work from the hospital itself due to pressure from the team lead. After one month, I gradually became weak, losing 28 kilos due to a banned drug reaction, resulting in severe anemia and calcium loss. I was admitted to the ICU for low blood platelet count and severe rashes all over the body. My brother forwarded the medical certificates to the company via email, stating the seriousness of the condition. I didn't receive any calls from the company regarding health insurance and claims. Even though I worked in March and filled timesheets, I received no payment from the company. Suddenly, they called my dad, collected the laptop, and did not even send an official email regarding my status. I was hospitalized for over a year, faced tragedy without food and water for 6-8 months, and had blood transfusions four times. After losing hope, I was discharged from the reputed hospital, and an Ayurvedic doctor took my case, treating me slowly over six months. I regained my health by December 2013 and formally resigned from the company in January 2014. During the exit process, I requested to serve the notice period, but it was not mentioned to me. As per HR policy, it takes two weeks to release the employee and settle the FNF. I called numerous times and sent many emails to HR regarding the notice period, pending salary, PF process, and relieving letter. They never responded. In February 2014, I had a good offer from a Level 5 MNC but couldn't join due to the pending relieving letter from the previous company.

The HR person took three months to send the scanned copy of the relieving letter and is unwilling to pay the pending salary and PF, citing a loss to the company. My current salary package is 40k, and the pending amount is for 38 days. The company converted the notice period days into working days, asking for 45,000 for PF clearance.

I lost my career for two years and spent 8-10 lakhs on medical treatment. Today, I am alive due to God's blessings, family love, and support. I faced great physical and mental pain from the employer for being sincere in my work. I am currently unemployed and looking for a new job in Bangalore.

Do I have the right to file a complaint with the labor office for this injustice?

Please share your valuable suggestions.

Appreciate your quick response!!!!

Thanks,

Manasa.

You should send an email to HR and the concerned people to clear your relieving formalities. Since you have a valid reason for not continuing the job, nobody can force you to stay. Have you signed any contract? According to labor rules, the notice period is only for one month. They do not have the right to withhold three months' salary.

If they are not responding to emails, relieving you, or settling the dues, you should approach the labor inspector of that particular ward. He will assist you in obtaining the relieving documents and the final settlement amount.

Regarding PF, you need not worry. You can claim it regardless of whether the employer is processing it or not.

Regards.

Dear Jeevarathnam,

Thanks a lot for your valuable response! I am planning to apply for the PF process directly to the EPFO office in Bangalore with all the valid documents, such as bank officer attestation, offer letter, pay slips, and relieving letter. I will drop an email to the PF commissioner explaining the current scenario of this issue.

I have sent a number of emails to HR for FNF settlement, but there has been no response from their end. Regarding my offer letter, I did not sign any bond in it. As per the company policy, the employee was on a probation period for the first 6 months and becomes a permanent employee upon completion of this period. I worked for 9 months in this company without any leave, and the notice period is 1 month.

12th Rule from the Offer Letter:

a) Notwithstanding anything to the contrary contained herein, the company shall be entitled to terminate the employment without the necessity of showing any cause by giving advance notice of thirty (30) days or by paying salary in lieu of such notice. Likewise, the employee shall also be eligible to resign from the service of the company by giving a notice of 90 days.

b) Provided that in the event of an employee resigning from the service of the company, the company shall have the right and privilege to relieve the concerned employee from its services immediately or at any time during the notice period without any obligation for payment of any salary beyond the date of his/her actual release from its services.

Can I proceed to the labor inspector for this issue? Will it cause any remark on me? Could you please suggest on this?

Appreciate your help!

Thanks,

Manasav

Dear Manasa, that is the reason I am asking you to consult the HR of the organization. If you approach the Labour Inspector, then later, if there is any background check, they might give negative feedback on you. If you are not bothered about the negative feedback, then you will have no issues.

Company Location Inquiry

Can you please tell me where the company is located? Why can't you approach the HR of the company in person and discuss the same and explain?

Offer Letter Clause

12th Rule from the offer letter: Nowhere does the 90-day notice period stand in front of any court or labor department. You can even claim the salary for 2 more months.

If you need any information, you shall reach me.

Regards.

Dear Jeevarathnam,

Thanks for your prompt response! I really feel good now after your clarification. The company is located in Bangalore near Old Airport Road. I had consulted the HR person once during the exit formalities. He asked me to either rejoin the company for the same package or complete the formalities of resignation. I am really tired of this company and have no interest in rejoining. So, I resigned, and the HR assured me that the amount would be settled in 2 months, which has not happened yet. He wasted my precious time for 3 months and I even lost a permanent job offer in a Level 5 MNC due to the pending relieving letter at that time. In addition, he replied back asking for an amount equivalent to 45 days' notice period as a loss to the company for further PF processing. I do not want to meet him face to face for any heated discussion as it is of no use.

Options to Consider

I have two options now:

1. I have attended interviews in Bangalore and am waiting for the offer letter confirmation. I have to join a company and wait for 1 month for the completion of the background process, then report a complaint to the labor inspector.

2. I would like to report to the labor inspector right away as I have borne too much pain in terms of financial loss and mentally. I have all medical certificates for the career gap in employment. Health problems are genuine in everyone's life, and I lost my career due to a drug reaction. This can be explained positively to the new company's HR.

Please suggest your valuable thoughts on this!

Thanks,

Manasav