Hi all. it is requested to please guide.
I am working as a chemist in Relief Lab pvt. ltd. pharma company in nagpur since last two months. i was gone on leave by giving prior intimation in writing. when i went to office after leave, the employer directly terminated me by giving a silly reason (lack of co ordination) without giving any notice ever. Now he is not giving my last month salary and forcing me to give resignation letter first then only he will give salary.
The actual reason is while recruitment he tell company timing till 6 pm to every employee but force to stay till 8 pm or even after that by locking the gate but i am unable to stay as i have to travel 22 kms to reach home. Actually it is his habit to hire new persons and remove old employees and held up their salary. He also paid less salary than that told at the time of recruitment. He doesn't even issue salary slip to any employee and never pays salary before 17-18th of the month. He is such a cheap and Liar person that no one can believe on him. You can imagine his cheapness that poor labour people are standing out of his company gate almost everyday to get their remaining salary dues and he does'nt allow them to enter.
The problem is that after demanding many times he has not given me appointment letter and salary slip yet, even not provided my EPF and ESIC no. i have doubt whether he has deposited my epf and esic.
Now i need my salary. Plz guide regarding legal complaint against him.
From India, Nagpur
I am working as a chemist in Relief Lab pvt. ltd. pharma company in nagpur since last two months. i was gone on leave by giving prior intimation in writing. when i went to office after leave, the employer directly terminated me by giving a silly reason (lack of co ordination) without giving any notice ever. Now he is not giving my last month salary and forcing me to give resignation letter first then only he will give salary.
The actual reason is while recruitment he tell company timing till 6 pm to every employee but force to stay till 8 pm or even after that by locking the gate but i am unable to stay as i have to travel 22 kms to reach home. Actually it is his habit to hire new persons and remove old employees and held up their salary. He also paid less salary than that told at the time of recruitment. He doesn't even issue salary slip to any employee and never pays salary before 17-18th of the month. He is such a cheap and Liar person that no one can believe on him. You can imagine his cheapness that poor labour people are standing out of his company gate almost everyday to get their remaining salary dues and he does'nt allow them to enter.
The problem is that after demanding many times he has not given me appointment letter and salary slip yet, even not provided my EPF and ESIC no. i have doubt whether he has deposited my epf and esic.
Now i need my salary. Plz guide regarding legal complaint against him.
From India, Nagpur
If he has terminated your service, then question of asking your resignation does not arise. Either the case can be of termination or resignation.
Coming back to termination, your termination is totally bad in law and illegal since no charge sheet was issue nor enquiry was held. However, you will not get any benefit (reinstatment and backwages) since you have only worked for 2 months (you have worked for only two months, right?)
Regarding your outstanding salary, your employer cannot withheld that even if you are terminated. Please demand such salary in writing (registered post)
Regarding working hours, you are not required to work for more than 48 hours per week. If you do so, you are entitled to get overtime.
Depending on your demand (considering you short working span of two months only), new course of legal action can be decided.
From India, Kolkata
243Coming back to termination, your termination is totally bad in law and illegal since no charge sheet was issue nor enquiry was held. However, you will not get any benefit (reinstatment and backwages) since you have only worked for 2 months (you have worked for only two months, right?)
Regarding your outstanding salary, your employer cannot withheld that even if you are terminated. Please demand such salary in writing (registered post)
Regarding working hours, you are not required to work for more than 48 hours per week. If you do so, you are entitled to get overtime.
Depending on your demand (considering you short working span of two months only), new course of legal action can be decided.
From India, Kolkata
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