full and final settlement
5 months ago
Sir, i have been working in a transport organization and have removed me immediate without notice period and still not paid balance salary what can i do?
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. Irrespective of the nature of employment, an employee deserves notice from the employer before termination of employment under Clause 13 (1) of Schedule - I of Model Standing Orders under The Industrial Employment (Standing Orders) Rules, 1946. As per Clause 13(1) of the said Act, for termination of employment, a notice in writing shall be given either by the employer or the workman/employee, one month's notice in case of monthly rated workmen and two weeks' notice in case of other workmen/employee 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. Irrespective of the nature of employment, an employee deserves notice from the employer before termination of employment under Clause 13 (1) of Schedule - I of Model Standing Orders under The Industrial Employment (Standing Orders) Rules, 1946. As per Clause 13(1) of the said Act, for termination of employment, a notice in writing shall be given either by the employer or the workman/employee, one month's notice in case of monthly rated workmen and two weeks' notice in case of other workmen/employee 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
Review your employment contract to understand the terms related to termination, notice period, and salary payment. Reach out to your HR department or employer to inquire about the reason for termination and request clarification on your pending salary. If your attempts to resolve the issue amicably are unsuccessful, consider sending a formal demand letter to your employer. This letter should outline the details of your termination, the unpaid salary, and a request for prompt payment. If the issue persists, you can file a complaint with the labor department in your jurisdiction. Provide them with the necessary documents, such as your employment contract, pay slips, and the demand letter.
Review your employment contract to understand the terms related to termination, notice period, and salary payment. Reach out to your HR department or employer to inquire about the reason for termination and request clarification on your pending salary. If your attempts to resolve the issue amicably are unsuccessful, consider sending a formal demand letter to your employer. This letter should outline the details of your termination, the unpaid salary, and a request for prompt payment. If the issue persists, you can file a complaint with the labor department in your jurisdiction. Provide them with the necessary documents, such as your employment contract, pay slips, and the demand letter.
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