Facing Unpaid Wages and Unjust Termination: How Can I Get My Salary and Experience Letter?

Request for Assistance with Employment Termination

I need help. Let me start from the beginning. Actually, I had an accident in October, so I was at home for one month on bed rest from October 22 to November 14. My company was not ready to pay. After asking many times, they only gave half of October's salary and half of November's, but they did not provide the full month's salary for December. In January, when I asked for my salary, they told me not to come into the office from tomorrow without any reason, and they terminated me. They are not even willing to provide my experience letter despite my repeated emails and continuous phone calls. What should I do?

1. What is the nature of your work?
2. What is the nature of the company?
3. What is your salary?
4. Did the accident take place during the course of employment?
5. Did you inform the company about your accident in writing with medical documents?
6. Did the company approve or reject the leave?
7. Did the company terminate you in writing?
8. How long have you been working with this company?
9. Did all your leave days exhaust due to the accident?

Please provide your responses point by point.

Employment History and Incident Details

I worked as a Robotics Trainer at an institute that provides training to students and conducts workshops.

Salary and Leave Communication

After the accident, while I was in my hometown, I informed them via email about my accident and need for medical leave, although I did not attach any medical documents. I inquired if they required a medical certificate, but as they did not respond, I did not provide one. The Managing Director of my company does not typically respond to such emails. However, following the accident, I informed my Team Leader who approved my leave. I requested her to inform the MD, and subsequently, I sent an official email.

Salary Inquiry and Termination

When I inquired about my salary over the phone, the MD instructed me not to come in from the next day. I documented this conversation verbatim in an email to him and requested the payment of my salary. I have been working since June 2015.

Regards

Consider the Following Points

1) You are not covered under the Payment of Wages Act as your salary is greater than 18,000.

2) You did not get hurt at work, and your employment is not hazardous.

3) There is no ESI as your salary is greater than 15,000 (now it is 21,000).

4) You are entitled to your December salary under the Shops and Establishment Act. Kindly go to the area labor inspector and lodge a complaint against the company. Show the company email. Also, under the same act, lodge another complaint for wrongful termination.

You can challenge your termination if you wish. But you did not submit any medical documents either. It is your responsibility to submit medical documents to your employer while applying for leave.

Regarding your outstanding wages, you may approach the referee under the Shops & Establishment Act if your company is covered under the Act. However, I am sure the company is going to use the non-submission of medical documents as a reason for the deduction of salary.

How does the accident relate to your employment? You were in your hometown at the time of the accident.

What is the reason they have not paid your salary after you rejoined? It's unlikely that they will just stop for the fun of it.

Why do you expect full salary for October and November when you were not at work in those months?

When did you actually rejoin work, and have you been working as before or with restrictions?

Legal Concerns at Samsung Service Center

Hello Team,

I am working as a floor manager at an authorized Samsung service center. Here, 18 employees work without receiving any joining letters or PF benefits. A PF form was filled out once, but nothing came of it. This was about a year ago. Initially, office timings were from 10 AM to 7 PM, but now they have changed to 9 AM to 8 PM, with no change in salary. There is no legal record of this. The service center owner can terminate anyone without notice and often uses abusive language.

I just want to know if any legal action can be taken against this to ensure a better environment and benefits for all workers. Can I receive any benefits for my 8 years of service in the same firm? My mother is a cancer patient, which has resulted in more leave over the past year. Sometimes, the office timings were not adhered to without notice, and because of this, they are planning to terminate me as well. Is this fair? Do I have no rights, and have my 8 years gone to waste?

Sir, please help me. I have written as much as I could.

Suryakant Saraswat
Mob: [Phone Number Removed For Privacy Reasons]
Ghaziabad, U.P.

Yes, Suryakant, there are plenty of options for legal action, but before that, you can mutually consult with a lawyer with whatever relevant documents you have.