Salary on hold and received termination mail
6 months ago
Hi,
I was working in a Pharma company in Delhi for Mumbai region in Sales dept., Joined on 16th Feb'23.
To date, my September salary has not been received, my August & September Expenses are still pending. I have received a termination letter on 25 October.
Please suggest...
A.Dear Client,
A termination of service of an employee other than a disciplinary action against proven misconduct and even without serving notice is held as illegal termination and unfair labour practice. Sec.2A(1) of the Industrial Dispute Act, 1947 states that where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute and accordingly in view of the said provision of relevant law you can raise an industrial dispute over alleged illegal termination against the employer directly u/s.2A(2) of the Act either before the Central Govt. Industrial Tribunal or before the State Govt. Industrial Tribunal based on the class or sector of organization you belong to and as per sub-sec,3 of Sec.2A industrial dispute shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1) of Sec.2A of the Act. 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 get in touch with an Advocate experienced in service matters for the service of a legal notice to the employer and for filing an application u/s.2A of the I D Act before the concerned Industrial Tribunal or Labour Court including filing of an application u/s.33C(2) of the Act claiming dues from the employer. In case you need any legal assistance in the matter, you may contact our legal team along with the relevant papers.
A termination of service of an employee other than a disciplinary action against proven misconduct and even without serving notice is held as illegal termination and unfair labour practice. Sec.2A(1) of the Industrial Dispute Act, 1947 states that where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute and accordingly in view of the said provision of relevant law you can raise an industrial dispute over alleged illegal termination against the employer directly u/s.2A(2) of the Act either before the Central Govt. Industrial Tribunal or before the State Govt. Industrial Tribunal based on the class or sector of organization you belong to and as per sub-sec,3 of Sec.2A industrial dispute shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1) of Sec.2A of the Act. 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 get in touch with an Advocate experienced in service matters for the service of a legal notice to the employer and for filing an application u/s.2A of the I D Act before the concerned Industrial Tribunal or Labour Court including filing of an application u/s.33C(2) of the Act claiming dues from the employer. In case you need any legal assistance in the matter, you may contact our legal team along with the relevant papers.
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A.Dear Client,
If your attempts to resolve the matter amicably do not yield results, you can consider filing a complaint with the appropriate labor authorities in your state. This could be the Labor Commissioner's office or the Industrial Disputes Act authorities which also includes the labour court. They can help mediate and resolve employment-related disputes.
If your attempts to resolve the matter amicably do not yield results, you can consider filing a complaint with the appropriate labor authorities in your state. This could be the Labor Commissioner's office or the Industrial Disputes Act authorities which also includes the labour court. They can help mediate and resolve employment-related disputes.
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