Fired Without Notice and Last Month's Salary Withheld: Do They Have the Right?

Hi, I need help from experts regarding my salary issues. My director fired me without any notice, and now they are not paying me my last month's salary. When I contacted HR, she said they would pay my salary on 7th May 2017, but they didn't pay me anything. When I contacted HR again, she asked me to email her my appraisal detailing what I did for the company. My director didn't listen to me. While I was working, I faced a lot of mental harassment from my colleagues, HR, and later from my director.

Salary Withholding Concerns

I just want to know if they have the right to withhold my salary. Is salary based on attendance or work appraisal? I want my salary and not an increment, so why should I email her my appraisal? My attendance was 100% without any leave or half day.

Termination and Salary Issues

First, your termination seems to be illegal, which, if you want, can be challenged before the appropriate authority for reinstatement and back wages. If you accept such termination and want to move on with your salary, then it is your decision.

Regarding salary, you may send a notice demanding outstanding salary through registered/speed post before taking any legal steps/action against the company. Salary is your right, and the company cannot withhold it at their own wish.

Information Needed for Better Advice

For better advice, please provide the following:

1. Nature of job
2. Type of company with strength
3. Tenure of service
4. Reason for termination
5. Last drawn wages.

Job Role and Responsibilities

I used to work as a back office coordinator. During the interview and when I joined, my Key Responsibility Areas (KRA) were different. They informed me that I would be the senior in the office and needed to oversee everything. So, I performed my duties accordingly. However, after four months, they told me to focus solely on business development and nothing else. Subsequently, they assigned me marketing work for another company. According to my director, I failed to develop their business, resulting in a loss for them.

Workplace Issues and HR Inaction

One of my senior colleagues had an issue with me because I was earning 23k while his salary was 18k. He used to mentally harass me. Despite my numerous complaints to HR, she never intervened in the matter. Additionally, my director did not listen to me when I tried to explain what was happening in the office.

Doubt in Complaint Process for Private Firm Employees

There is doubt in this answer. The person is working in a private firm, so where should she complain and who is the competent authority? In the case of government employment, we can complain to seniors. Even if she complains, she might have to take the matter to court or file a case, which would be a financial burden. Moreover, she may not get a job if another employer finds out about it. When she starts working in another organization, someone, or even the owner itself, may reveal the issue to the present employer.

Solution for Issues in the Private Industry

What could be the solution for such issues as many people face this in the private industry?

Contact any good advocate who takes up employee cases and explain your details to him very clearly and completely. I suggest you claim that you were a workman under the Industrial Disputes Act and raise an industrial dispute before the conciliation officer (Labour department). He will call the employer and take up the matter.

Salary Payment Based on Attendance

Employer is liable to pay salary based on attendance unless you have agreed to a pure performance-based salary as a term of appointment. If it is based on attendance, then they must pay you. If the company records attendance by any means, your case is strong.

Just write a mild letter to the company giving details of unpaid salary and request them to pay the same within 7 days. If you don't receive the same, write a letter to the government labor officer of your area with a copy of the said letter. They will do the needful.