Facing Job Loss and Unpaid Dues: How Can I Get Help with My Ex-Employer's Relocation Surprise?

Dear All,

It's a humble request, please help me proceed in the right direction in the following matter:

Job Loss and New Employment Challenges

I lost my job during the pandemic in March 2020 and found a new job in August 2020. However, my new employer kept me in the dark during the hiring process and did not inform me about their decision to move out of Mumbai. I was shocked and devastated to learn this from fellow workers during casual discussions. Later, in February 2021, I confronted my reporting manager, and she confirmed that the company would be shifting out of Mumbai starting the new financial year in April 2021.

Impact of Relocation on Employment

I reside in the western suburbs of Mumbai; therefore, I was unable to travel the distance, which would have also caused me financial loss. Consequently, I began searching for a new job and joined a new company after serving a 15-day notice period. Now, my ex-employer is not clearing my full and final dues, stating that I did not complete the notice period.

Request for Assistance

As the sole breadwinner in my family, I resigned from that job to continue supporting my family. I kindly request information on any labor department authority that can assist me in receiving my salary.

Thank you in advance.

Dear Poonam, did your employer issue you the appointment letter? If yes, then what terms are mentioned regarding the notice period? You have served a 15-day notice period, but how many more days should you have served? Please clarify.

Thanks,

Dinesh Divekar

Thank you for your response. In answer to your question, I did not receive an appointment letter from the company; I only received the offer letter via email. Additionally, they have assured me of an increment after completing my probation period, but I have not yet received any confirmation letter from the company. Therefore, I am technically still in my extended probation period.

Upon reviewing the company policies, I found that it was stated that an employee on probation can give a 15-day notice period and take leave.

Dear Poonam,

If the employer expects the employees to follow the terms and conditions of employment, then these must be well laid out in the appointment letter. If the appointment letter is not issued, then there cannot be implied terms and conditions. Neither can there be assumptions on the notice period.

Against this backdrop, I recommend you send a proper application for the clearance of the outstanding dues. Mention clearly what dues are outstanding. Mark the copy of this application to the labor officer of your area. Dispatch the hard copy by Speed Post to both of them. Once you send the hard copy, you will get the receipt from the Speed Post. Scan the second copy of the letter along with the Speed Post receipt and send it by email.

If the employer responds to your application, then well and good; otherwise, you may approach the labor officer of your area. Go to that office and personally hand over the second letter. However, you need to be eligible to approach the labor officer. The eligibility is that you should be a "workman" under the provisions of the Industrial Dispute Act, 1947. "Workman" means you should not have any subordinates.

Thanks,

DVD

I wrote to them about releasing my entire pending salary. However, they have replied stating I will not receive the entire salary as I have not served the entire notice period. I had posted my complaint on the public grievance portal. However, I have not received any response from them yet. I request you to help me proceed in the right direction.