Unexpected Job Termination: How Can I Claim My Salary and Compensation?

Dear Sir/Madam,

I have been working in an organization in Madhya Pradesh for the last 9 years. Suddenly, the company's authorized person informed me not to come on duty from tomorrow. What should I do? The company is not providing me with any compensation, bonus, or my last 25 days' salary. Additionally, the company is now paying a bonus for the year 2015-16.

Sir, could you please give me some proper suggestions on how to proceed in this situation?

Thank you.

Your Entitlements and Next Steps

You are entitled to the following rights:

1) Gratuity under the Payment of Gratuity Act. See this for the amount of gratuity: Payment of Gratuity Act, Rules, Forms, Returns & All Other Information

2) Bonus as per the Bonus Act.

3) Your due salary as per the Shops and Establishment Act of your state.

Steps to Take

a) If gratuity is not paid, lodge a complaint with the controlling authority in your city. Google it, and you will get the address for your city.

b) For a bonus, you need to contact the Labour Department of your state. There you will find the Labour Inspector who will take care of it.

c) For the Shops and Establishment Act, the same Labour Inspector will help.

If they do not listen to you, lodge a complaint with the Labor Commissioner of your city. See this for a summary: Indian Labour Laws & Shram Suvidha Simplified

Appreciate if this was helpful.

Understanding Your Employment Situation

A single sentence does not carry enough information to enlighten the real situation. On the contrary, it could be misleading.

Did you receive an appointment letter appointing you for employment?

Is there any indication regarding the separation policy, notice period, terms & conditions, etc.?

Do you have any useful correspondence, communication, or exchange of information regarding your annual increment, salary slip, any past appreciation letter, or any written advice, notice, or caution related to your work performance or behavior on the job, etc.?

What happened, or do you think there was compulsion on the employer to advise you, as mentioned above?

I understand you worked for nine years, indicating a good, long association.

Please provide any other information related to the issue that you may be aware of.

In case you do not attend your duty based on verbal intimation as mentioned, and if later they do not agree with what was said, it may be construed later as your absenteeism or voluntary resignation without proper separation intimation.

Steps to Take for Resolution

It is advisable to approach the concerned GLO in your area of employment, submit a written request, brief them on all facts, and inform them of your readiness to continue working without delay. Request them to approach the employer as well.

If you can provide essential documents or information as requested by the concerned GLO and cooperate with them for a positive solution to the issue, it is possible to have an amicable outcome.

Lastly, you may prefer/request the GLO to submit their failure report as per prevailing provisions of the law and also seek legal advice to safeguard your case in the referred issue.

Thanks with sincere regards,

Devdatta Yagnik

NARMADA BIO-CHEM LIMITED

m: [Phone Number Removed For Privacy Reasons]

You will agree with me that unless you provide the full details of the case, you can't expect proper guidance or a solution from senior members. You should have mentioned:

1. The type of company or organization, whether it's a manufacturing company or an office.
2. The total number of employees working there.
3. Have they issued you the appointment letter, and what are the stipulations for leaving the company? Is the notice period one month or three months?
4. What is your position, functions, or designation in the company?
5. What is your salary?
6. You must have asked for the reasons for such action; what was their reply?
7. Have they given you any written order, or is it verbal?
8. If it is an order in writing, what are the reasons mentioned there?
9. Did you ask for the accrued benefits from them, and what was their reply?
10. Any other relevant information related to your case.

Please provide the above information so that your case can be examined. Regarding the bonus for the year 2015-16, you will be entitled to it if the establishment is covered under the Payment of Bonus Act and you are within the salary range.

Regards, BS Kalsi

The company has not issued any appointment letter or relieving letter to me. However, I do possess an ESIC card and a UAN card. Are they useful?

What proof do you have that:

1. You were employed there.
2. It was a permanent job.
3. You were working for the last 25 days.
4. You were working for the last 9 years.

What kind of job was it? Does that make you a worker under the Factory/Industrial Dispute Act?

Are they paying you a bonus for 2015-16?

Why were you removed? There must be a reason for them to suddenly say, "Don't come from tomorrow," and not even pay the remaining salary.