Respectable Madam
I am working in a design house named Impact creative services Pvt.
ltd.for the last one year. From last
month the employer getting ferocious on me any time with least good
cause. On 27th of October I was absent
for an emergency and I didn't call the boss. Every absenteeism is non
payable here.
On other day when I enter the office I saw a new man working on my
desk. Boss said you are terminated and leave now.
Below is from my joining letter --
You or the company may terminate the services under this appointment without
assigning any reason thereof by giving one month’s notice or an amount
equal to one month’s basic salary in lieu of notice period to the other party.
when I remind him about that he said ok from this day you are on notice period, you can come one month
just sit anywhere in the office don't work and after notice period I will give you the salary.I told him
that this will be very embarrassing for me and he replied me that I deserved that. Then I asked him to
give me a written notice and he agreed after using some arguments. I waited two hours but he left the
office without giving me that notice and I also left the office bothering embarrassment.
On this day I luckily got a better job offer. So I joined there next day i.e. 31st Oct.
Now On day november 1 I asked him by phone for my due salary but he said if you take notice and do as I
said to you,you will get your previous salary else you will give me your resignation letter.I told him
that I don't want to do that.I asked him politely that I don't want the money without working but just for sitting. so please give me my previous months salary and give me realise letter from my duties. but he abused and put down the phone.after that day he never taking my
phone still now.
After that I met him and asked for same. He is now through me two potions for the last month's salary - I have to sign notice period or I have to give him my resign letter.
I denied both because I am afraid that after that he can take some legeal action against me.
Is there any hope to get my hard earned salary back and I do want to
workin my new company. I will do anything for that.
please respond ASAP and Please help me out.
Thanks and regards
Biswajit Chakraborty
From India, Kolkata
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1I am working in a design house named Impact creative services Pvt.
ltd.for the last one year. From last
month the employer getting ferocious on me any time with least good
cause. On 27th of October I was absent
for an emergency and I didn't call the boss. Every absenteeism is non
payable here.
On other day when I enter the office I saw a new man working on my
desk. Boss said you are terminated and leave now.
Below is from my joining letter --
You or the company may terminate the services under this appointment without
assigning any reason thereof by giving one month’s notice or an amount
equal to one month’s basic salary in lieu of notice period to the other party.
when I remind him about that he said ok from this day you are on notice period, you can come one month
just sit anywhere in the office don't work and after notice period I will give you the salary.I told him
that this will be very embarrassing for me and he replied me that I deserved that. Then I asked him to
give me a written notice and he agreed after using some arguments. I waited two hours but he left the
office without giving me that notice and I also left the office bothering embarrassment.
On this day I luckily got a better job offer. So I joined there next day i.e. 31st Oct.
Now On day november 1 I asked him by phone for my due salary but he said if you take notice and do as I
said to you,you will get your previous salary else you will give me your resignation letter.I told him
that I don't want to do that.I asked him politely that I don't want the money without working but just for sitting. so please give me my previous months salary and give me realise letter from my duties. but he abused and put down the phone.after that day he never taking my
phone still now.
After that I met him and asked for same. He is now through me two potions for the last month's salary - I have to sign notice period or I have to give him my resign letter.
I denied both because I am afraid that after that he can take some legeal action against me.
Is there any hope to get my hard earned salary back and I do want to
workin my new company. I will do anything for that.
please respond ASAP and Please help me out.
Thanks and regards
Biswajit Chakraborty
From India, Kolkata
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Under the West Bengal Shops and Establishment Act, read along with the Payment of Wages Act, your employer is required to pay your wages no later than the 2nd day following your termination. Therefore, please contact your area labor inspector and file a complaint.
From India, Kolkata
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From India, Kolkata
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Labour Law Index is correct as per the law. You can contact the local labour inspector and lodge a complaint. However, in practice, the management can provide various reasons for the delayed payment. In your case, the payment is not significantly delayed as it is only the 9th of November.
One thing you can do is send an email to the HR of your company, copying the higher management personnel such as the MD, CEO, COO, or Plant Head - whoever holds the highest position. Explain the situation in the email.
I apologize, but you have not mentioned the reason why your manager is so annoyed with you. If you are wrongly accused of something and the situation is just an afterthought, you should report it to the higher management. Only if you do not receive a response from the higher management should you file a complaint with the inspector, attaching all the emails to support your claim that you have exhausted all available options to resolve the issue.
Additionally, if you have completed one year at the company, you are entitled to retrenchment compensation as per the Industrial Disputes Act. This entitlement depends on whether you are classified as a "workman" under the act, which is determined by your designation and work profile.
Consider your options carefully and take appropriate action. Feel free to reach out if you have any further queries. Thank you.
From India, New Delhi
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One thing you can do is send an email to the HR of your company, copying the higher management personnel such as the MD, CEO, COO, or Plant Head - whoever holds the highest position. Explain the situation in the email.
I apologize, but you have not mentioned the reason why your manager is so annoyed with you. If you are wrongly accused of something and the situation is just an afterthought, you should report it to the higher management. Only if you do not receive a response from the higher management should you file a complaint with the inspector, attaching all the emails to support your claim that you have exhausted all available options to resolve the issue.
Additionally, if you have completed one year at the company, you are entitled to retrenchment compensation as per the Industrial Disputes Act. This entitlement depends on whether you are classified as a "workman" under the act, which is determined by your designation and work profile.
Consider your options carefully and take appropriate action. Feel free to reach out if you have any further queries. Thank you.
From India, New Delhi
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I am overwhelmed by your support. Thank you a million.
First of all, my boss is the only one with whom I have discussed all these matters so far. I also have a voice recording in case it's needed as evidence.
It's a conspiracy against me. The reason for my termination is that the company is an exhibition stall design company, and I work here as a 3D designer. My boss started an interior company side by side in the same office/room. He appointed a new guy who is an interior designer and can also do 3D design. I don't know interior design, so after 11 months of hard work, I became useless. Maybe he started interviewing someone new one or two months ago.
He has been repeatedly shouting and abusing me over small mistakes since then. Perhaps he wants me to leave on my own so that he can claim the money.
However, I haven't left because I haven't found a new job yet.
Now, I just want my salary without any legal complications because he is a member of BNI, Kolkata. (I am a little bit afraid.)
My boss is not giving me a termination letter; he wants me to submit a resignation letter.
My question is, if I go to the labor inspector and don't have any written evidence (I have a recorded conversation with my boss on this matter, which clarifies everything) that my company sacked me and I didn't leave the company, can the company make me pay for the money or notice period?
Could you please provide me with a step-by-step guideline on how to proceed?
Eagerly awaiting your reply.
Thanks and regards,
Biswajit Chakraborty
From India, Kolkata
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First of all, my boss is the only one with whom I have discussed all these matters so far. I also have a voice recording in case it's needed as evidence.
It's a conspiracy against me. The reason for my termination is that the company is an exhibition stall design company, and I work here as a 3D designer. My boss started an interior company side by side in the same office/room. He appointed a new guy who is an interior designer and can also do 3D design. I don't know interior design, so after 11 months of hard work, I became useless. Maybe he started interviewing someone new one or two months ago.
He has been repeatedly shouting and abusing me over small mistakes since then. Perhaps he wants me to leave on my own so that he can claim the money.
However, I haven't left because I haven't found a new job yet.
Now, I just want my salary without any legal complications because he is a member of BNI, Kolkata. (I am a little bit afraid.)
My boss is not giving me a termination letter; he wants me to submit a resignation letter.
My question is, if I go to the labor inspector and don't have any written evidence (I have a recorded conversation with my boss on this matter, which clarifies everything) that my company sacked me and I didn't leave the company, can the company make me pay for the money or notice period?
Could you please provide me with a step-by-step guideline on how to proceed?
Eagerly awaiting your reply.
Thanks and regards,
Biswajit Chakraborty
From India, Kolkata
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Dear Biswajit,
Recording is good evidence, and I would have advised you to take the recording to the labor inspector and file a case of non-payment of wages under the Payment of Wages Act. However, since you have already found another job, why don't you resign? In that case, you will receive your salary automatically. If they claim that you did not serve notice, simply play the recording for them. This could be a solution to your problem. You go your way, they go theirs.
From India, New Delhi
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Recording is good evidence, and I would have advised you to take the recording to the labor inspector and file a case of non-payment of wages under the Payment of Wages Act. However, since you have already found another job, why don't you resign? In that case, you will receive your salary automatically. If they claim that you did not serve notice, simply play the recording for them. This could be a solution to your problem. You go your way, they go theirs.
From India, New Delhi
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Thank you for your kind suggestion.
I have submitted my resignation letter. However, they now do not want to accept my resignation; instead, they are insisting on me serving the notice period. They have also recommended that I seek advice from a lawyer. Could you please clarify which takes precedence according to labor law: the notice or the resignation?
A friend of mine suggested that I should first file a general diary at the local police station and then approach the labor inspector. Do you think this course of action would be beneficial?
Your guidance on this matter would be greatly appreciated.
Regards,
Biswajit Chakraborty
From India, Kolkata
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I have submitted my resignation letter. However, they now do not want to accept my resignation; instead, they are insisting on me serving the notice period. They have also recommended that I seek advice from a lawyer. Could you please clarify which takes precedence according to labor law: the notice or the resignation?
A friend of mine suggested that I should first file a general diary at the local police station and then approach the labor inspector. Do you think this course of action would be beneficial?
Your guidance on this matter would be greatly appreciated.
Regards,
Biswajit Chakraborty
From India, Kolkata
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