On termnation one month salary deducted
5 years ago
My hr is saying since you are terminated you won't be getting one month salary. When ask for mail she has mail below details: This is to notify you that Destek denies all the statement you have made. Kindly note that you have been terminated as per clause 7 (iii) 2 on grounds of your unprofessional and improper behavior in the Company. This was informed to you on the 5th of October 2018. We do not require any resignation letter from you since you have not resigned. Kindly note that the date of the full and final settlement shall be informed to you shortly. We are not denying your release from employment or full and final settlement. The same shall be processed after proper documentation and required procedures of all departments are complied with. We shall complete the full and final settlement and issue the relevant documents as per due process of the Company. “ when checked in offer letter this clause doesn't states anything for salary. (Copy of this clause in offer letter is attched below). My question is based on this clause can she deduct my one month salary and when should i expect to receive my july and august month salary in case of termination.
Clause which is in offer letter :- 7(iii)2
iii. During the term of your employment with the Company either individually or through any company controlled by you and either on your own behalf or on behalf of any person competing or endeavoring to compete with the Company, you cannot directly or indirectly solicit, endeavor to solicit or gain the custom of, canvass or interfere with any person who is a client of the Company as on the date of termination of your employment or use any personal knowledge or influence any such client for your own or any third party, benefit or for any other person competing with the Company. During the term of your employment with the Company in an individual capacity or through any company controlled by you and either on your behalf or on behalf of any other person competing or endeavoring to compete with the Company, You cannot directly or indirectly solicit for employment, or endeavor to employ or to retain as an independent contractor or agent, any person who is art Employee of the Company as on the date of termination of your employment and for a period of 3 years after the termination of your employment with the Company (whether employment is terminated by you or the Company and whether with or without breach of your Offer Letter) with the Company. Your termination from the employer side will be based on following pointed:
1. Performance
2. Behaviour
Deepak Yashwantrao Bade
Responded 5 years ago
Rajender Prasad
Responded 5 years ago
Vishwabandhu
Responded 5 years ago
My brother Lawyer Kishan Dutt Kalaskar Retired Judge has given u correct advice and it is the only legal way to contest with your company.
But Dear Client i think that Cost of Litigation will be more than the salary of one month and it will take sufficient time in getting court order in your favour , so I think that litigation will not be useful to u.
So my advice is that drop the matter and try to get job in some other company.
ARPIT BATRA
Responded 5 years ago
Ambrose Leo
Responded 5 years ago
You may lodge a complaint with Labor Commissioner and matter will be settled as follows.
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation
officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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