Termination without notice and salary
7 months ago
I was an employee with Homeopathic medicine company, company has terminated my services without any notice and salary in the month of April 2023, and told me to clear all NOC from market, which I have submitted in May 2023 but till date they are not settled my account despite of my regular request and not giving any reason why they are not interested to settle my account.
A.Dear Client,
Termination of an employee from service without notice by the company and non-payment of F & F Settlement of dues payable on cessation of employment, itself makes the Company face litigation for illegal termination and unfair labouor practice. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary and illegal termination from employment without compliance of the mandatory provisions of I D Act failing which you can also raise an industrial dispute u/s.2A of I D Act directly before the Central Govt. Industrial Tribunal or State Industrial Tribunal depending upon the class/sector of establishment you belong claiming reinstatement in service with back wages. Apart you can also file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming F & F settlement dues from your employer. Otherwise, you have to file a civil suit against the company for recovery of your dues and appropriate relief. In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal you may contact our legal team with the relevant papers.
Termination of an employee from service without notice by the company and non-payment of F & F Settlement of dues payable on cessation of employment, itself makes the Company face litigation for illegal termination and unfair labouor practice. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary and illegal termination from employment without compliance of the mandatory provisions of I D Act failing which you can also raise an industrial dispute u/s.2A of I D Act directly before the Central Govt. Industrial Tribunal or State Industrial Tribunal depending upon the class/sector of establishment you belong claiming reinstatement in service with back wages. Apart you can also file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming F & F settlement dues from your employer. Otherwise, you have to file a civil suit against the company for recovery of your dues and appropriate relief. In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal you may contact our legal team with the relevant papers.
Helpful
Helpful
Share
A.Dear client,
The law requires employers to give advance notice of any termination plans to both the employees and the relevant government authorities. Employees who are terminated without proper notice or compensation are entitled to file a claim with the labour court.
If the employer fails to pay the amount due for FnF settlement, the employee can take legal action against the employer and demand the payment of a penalty for the delay. If the employer fraudulently avoids paying the FnF amount, the employee can also lodge a police complaint.
The law requires employers to give advance notice of any termination plans to both the employees and the relevant government authorities. Employees who are terminated without proper notice or compensation are entitled to file a claim with the labour court.
If the employer fails to pay the amount due for FnF settlement, the employee can take legal action against the employer and demand the payment of a penalty for the delay. If the employer fraudulently avoids paying the FnF amount, the employee can also lodge a police complaint.
Helpful
Helpful
Share
Read Related Answers
Job fraud
Dear Client,
It appears from the query, that you are trapped by a fraudster company by alluring with fake employment that costs you a sum of Rs.2 lakhs. When you are in receipt of an offer letter issu...
Applicability of Factories Act and Shops & Establishments Act for NGOs in Karnataka
Dear Client,
Non-profit organizations/NGOs, even though they may not engage in commercial activities, may still fall within the purview of the Shops and Establishment Act if they provide services or...
Can company enforce non-poaching in case of severance
Dear Client,
To ensure benefit, from an employer's perspective, in lateral hiring amongst competitors, non-poaching clauses are often added to agreements. Non-poaching agreements are contracts entered...
Family pension eligibility
Dear Client,
According to sub-rule 6(iii) of Rule 54 of the CCS(Pension) Rules, 1972, and the circular dated 29/04/2011 of the Department of Pension and Pensioner's Welfare, GOI, the family pension...
EPFO claim rejected due to service overlap
Dear Client,
Before joining another Company you are required to tender your resignation and to obtain a relieving letter from the earlier company that eventually caused the overlapping of service and...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location
