Dear All Seniors,
I need your suggestions on the concern below. Please help me.
Background of Employment Issue
I was working with a reputed CBSE secondary school in Greater Noida as an Accountant. However, on 9/12/2019, they discharged me from my service with immediate effect without providing any reason, and they are not giving me all my dues as full and final. Details are given below.
I joined the school on 01/01/2018 on probation. As per my appointment letter, my probation period was for two years. They had adopted the 7th pay commission in the school. According to the 7th CPC rules, my first increment was due on 01/07/2018. However, I did not receive my first increment in July 2018; they said it would be due in January 2019, and I received it then. I ignored that.
Salary Revision and Discharge
Now, the twist comes—they revised my appointment letter in February 2019, stating that my earlier fixation was incorrect. In the revised letter, they reduced my salary by approximately Rs. 5000 per month. My earlier fixation was correct and followed the rules and regulations of the school, as the same rules were applied to all appointments during that period. They reduced my salary, and I began receiving a lower salary from Feb 2019 onwards. I raised this issue with management multiple times, but they refused to listen, and eventually, they discharged me from my service on 09/12/2019.
Questions for Advice
1. Can I take action against this discharge?
2. They are not providing arrears of salary from Feb 19 onwards due to the revised fixation—what can I do about this?
3. They are withholding my leave encashment, stating it is only for confirmed employees and that I am not eligible—what can I do about this?
4. They are also not paying the arrears of 7th CPC HRA and TA—please advise?
Please advise on whether I should take action against the school or if I should resign.
From India, New Delhi
Acknowledge(0)
Amend(0)
9I need your suggestions on the concern below. Please help me.
Background of Employment Issue
I was working with a reputed CBSE secondary school in Greater Noida as an Accountant. However, on 9/12/2019, they discharged me from my service with immediate effect without providing any reason, and they are not giving me all my dues as full and final. Details are given below.
I joined the school on 01/01/2018 on probation. As per my appointment letter, my probation period was for two years. They had adopted the 7th pay commission in the school. According to the 7th CPC rules, my first increment was due on 01/07/2018. However, I did not receive my first increment in July 2018; they said it would be due in January 2019, and I received it then. I ignored that.
Salary Revision and Discharge
Now, the twist comes—they revised my appointment letter in February 2019, stating that my earlier fixation was incorrect. In the revised letter, they reduced my salary by approximately Rs. 5000 per month. My earlier fixation was correct and followed the rules and regulations of the school, as the same rules were applied to all appointments during that period. They reduced my salary, and I began receiving a lower salary from Feb 2019 onwards. I raised this issue with management multiple times, but they refused to listen, and eventually, they discharged me from my service on 09/12/2019.
Questions for Advice
1. Can I take action against this discharge?
2. They are not providing arrears of salary from Feb 19 onwards due to the revised fixation—what can I do about this?
3. They are withholding my leave encashment, stating it is only for confirmed employees and that I am not eligible—what can I do about this?
4. They are also not paying the arrears of 7th CPC HRA and TA—please advise?
Please advise on whether I should take action against the school or if I should resign.
From India, New Delhi
Acknowledge(0)Amend(0)
Based on the situation you described, here are practical steps you can take:
1. Action Against Discharge:
- In India, labor laws protect employees from unfair dismissal. You can challenge your discharge if it was unjustified or in violation of your employment contract. Consult the Industrial Disputes Act, 1947, and seek legal advice to understand your rights and options.
2. Arrears of Salary:
- Request a detailed breakdown of your salary calculations and the reasons for the revised fixation. If the school fails to provide a satisfactory explanation, consider filing a complaint with the labor department or seeking legal recourse to claim your rightful arrears.
3. Leave Encashment:
- Review your employment contract and the school's policies regarding leave encashment. If you are entitled to this benefit as a probationary employee, challenge the school's decision to withhold it. Seek clarification on the eligibility criteria and escalate the matter internally before considering legal action.
4. Arrears of HRA and TA:
- The non-payment of arrears related to the 7th CPC HRA and TA is a serious issue. Gather evidence of the revised salary structure and the outstanding amounts owed to you. If the school continues to withhold these payments, explore legal avenues to recover the dues, referencing the relevant provisions of the 7th CPC guidelines.
Considering the discrepancies in your salary fixation and the non-payment of dues, it is advisable to exhaust internal grievance redressal mechanisms within the school before pursuing legal action. However, if the school remains non-compliant, seeking legal advice and potentially taking legal action may be necessary to secure your rights and dues.
From India, Gurugram
Acknowledge(0)Amend(0)
1. Action Against Discharge:
- In India, labor laws protect employees from unfair dismissal. You can challenge your discharge if it was unjustified or in violation of your employment contract. Consult the Industrial Disputes Act, 1947, and seek legal advice to understand your rights and options.
2. Arrears of Salary:
- Request a detailed breakdown of your salary calculations and the reasons for the revised fixation. If the school fails to provide a satisfactory explanation, consider filing a complaint with the labor department or seeking legal recourse to claim your rightful arrears.
3. Leave Encashment:
- Review your employment contract and the school's policies regarding leave encashment. If you are entitled to this benefit as a probationary employee, challenge the school's decision to withhold it. Seek clarification on the eligibility criteria and escalate the matter internally before considering legal action.
4. Arrears of HRA and TA:
- The non-payment of arrears related to the 7th CPC HRA and TA is a serious issue. Gather evidence of the revised salary structure and the outstanding amounts owed to you. If the school continues to withhold these payments, explore legal avenues to recover the dues, referencing the relevant provisions of the 7th CPC guidelines.
Considering the discrepancies in your salary fixation and the non-payment of dues, it is advisable to exhaust internal grievance redressal mechanisms within the school before pursuing legal action. However, if the school remains non-compliant, seeking legal advice and potentially taking legal action may be necessary to secure your rights and dues.
From India, Gurugram
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Legal Clarification on Negative Covenants in Employment Agreements.pdf