Laid Off Without Warning: Seeking Advice on Unpaid Salary and Handling Unfair Dismissal

Dear Seniors, My colleagues and I were laid off without a reason and were asked to leave in 15 minutes. We were given incorrect reasons (multiple) for which they had no proof. Unfortunately, there were prior incidents with me such as incorrect suggestions on the projects, wrong guidance, and incorrect practices like asking for my personal documents which had no professional relevance, done by my immediate supervisor. Unfortunately, the HR department in my company only exists theoretically and they are usually the ones planning all the politics in the company. Hence, there was no one I could walk up to with this issue regarding my boss. I dealt with these issues on my own and had to ask him to back off several times. One fine day, we were asked to leave immediately with no reason by my manager and the HR department. They gave us one month notice period for which they said we would be paid; however, there was no need for us to come to the office. It has been more than 2 months now, and they have not paid the full and final amount, which includes my 2 months' salary and bonus for last year (which they haven't paid until now). I am requesting your advice on my next steps of action. Thank you Regards

What has happened with you and your colleagues is quite unfortunate. If your company laid you off two months ago, then you should have approached this forum much earlier. Anyway, as a first step, you may find out the office of the Labour Officer in your area. Give a collective representation to him and find out what he says. He will take up your case provided the provisions of the Industrial Disputes Act, 1947 apply to you. Otherwise, you will have to file a civil suit.

Has your employer given you a service-cum-employment certificate? First, acquire that before approaching the Labour Officer.

Thanks,

Dinesh Divekar

Go wisely. Take everything in mail. The way they have terminated your services, it's pretty sure that you guys have very few proofs with you. Take a follow-up on mail regarding salary and detail everything. These mails and their replies will be beneficial for you in the future if they don't pay you. Best of luck!

Group action can only bring results. Bonus has to be paid, and pay for the period you have worked also has to be paid. Firstly, take a peaceful approach and get your relieving certificate. Then systematically approach regulatory agencies like the Labour officer with joint petitions. The last resort would be civil action through court.

Dear Alka, What happened to you and your friends is quite unfortunate. I am sorry to state that such unfair labor practices are generally followed by many IT and ITES companies in respect of their hapless workforce called "knowledge workers." The affected workers also do not bother due to their high degree of employability. I don't think that such a favorable trend of employability would last forever as the supply of employable labor seems to be increasing commensurate with the demand for it, which may eventually result in reduced wages and alternative employment opportunities. This is why IT majors adopt the policy of simultaneous en masse layoff of senior workforce, substituted by en masse recruitment of freshers on the grounds that the training cost of freshers is much less than the retaining cost of seniors. Do not be fooled by the sermons of your HR people who, I am afraid, have no legal exposure in industrial relations matters. Legal action is the only way out against such atrocity, as suggested by Dinesh, and collective effort, as suggested by Nathrao, is an effective method of curbing such illegalities. Of course, it is an uphill task, but undertaken with patience and perseverance, it will certainly yield tangible results. Regards

Employer and Employee Termination Without Notice

Employer firing an employee at short notice or no notice and an employee leaving a company with no notice are two sides of the same coin. Unless labor laws are enforced with a sense of fairness and certainty, these situations will continue to occur. There is no real practical solution. An employee can seek justice by going to court or contacting a Labor Officer, but these processes are time-consuming.

In this particular case, the employee has been clearly wronged by the company through abrupt termination and non-payment of normal and legitimate dues. The only solution left in this case is combined legal action. Seek legal advice and address the issue with the errant employer.

I hope things work out positively for you after seeking legal guidance.

Thank you, everyone, for your suggestions.

My colleagues who were laid off with me don't have much dues left with the company; hence, they are not willing to take legal action now. I, on the other side, have the highest incentive in the team along with my 2 months' salary; hence, I am alone in this decision. But, as rightly said, I have no choice but to take legal action against my ex-company.