UNCREDITED SALARY,THREAT AND EMOTIONAL SUFFERINGS
1 week ago
I'm Arpan Das a resident of West Bengal, Howrah India 711114.
I have already submitted my resignation letter through WhatsApp to Ava Tech Academy Hitech Gurukul,Patna but they are not accepting it,resignation must be submitted inperson not through speed post and noc must be claimed from them or otherwise i may face legal consequences.
on the other hand
No call-based response is available from the director Avanish Kumar.Unpaid monthly salary for the month of march 2024 which is 25000, 18000 is somewhat negotiable as i lastly worked for 20 day 10 day were provided as holi festival vacation from the organization itself.
Thanking You
yours truly
Arpan Das
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
https://clc.gov.in/clc/regional-offices/bangalore#:~:text=1.&text=Shram%20Sadan%2C%203rd%20Main%2C%203rd,Yeswanthpur%2C%20Bangalore%2D560022..
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(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 conciliationofficer 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.]
*****
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
https://clc.gov.in/clc/regional-offices/bangalore#:~:text=1.&text=Shram%20Sadan%2C%203rd%20Main%2C%203rd,Yeswanthpur%2C%20Bangalore%2D560022..
=======================================================================
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(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 conciliationofficer 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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A.Dear Client,
Submitting your resignation through WhatsApp and facing resistance in acceptance can be a challenging situation to navigate. It's important to ensure that your resignation is properly processed to avoid any potential legal issues in the future. Since they're insisting on an in-person submission and claiming a No Objection Certificate (NOC), it might be necessary to make arrangements to meet with someone from the administration to finalize the resignation process.
However, it's concerning that you're unable to reach the director, Avanish Kumar, through phone calls. Communication breakdowns can exacerbate already tense situations. Regarding your unpaid salary for March 2024, it's essential to address this matter promptly. While negotiating a portion of the salary might be possible, it's crucial to ensure that you receive fair compensation for the days you worked. If the organization provided a vacation period for the Holi festival, that should be reflected in your compensation as well.
Consider documenting all communication attempts and keeping records of any correspondence related to your resignation and unpaid salary. If necessary, seek advice from legal counsel or a labor rights organization to understand your rights and options in this situation.
Submitting your resignation through WhatsApp and facing resistance in acceptance can be a challenging situation to navigate. It's important to ensure that your resignation is properly processed to avoid any potential legal issues in the future. Since they're insisting on an in-person submission and claiming a No Objection Certificate (NOC), it might be necessary to make arrangements to meet with someone from the administration to finalize the resignation process.
However, it's concerning that you're unable to reach the director, Avanish Kumar, through phone calls. Communication breakdowns can exacerbate already tense situations. Regarding your unpaid salary for March 2024, it's essential to address this matter promptly. While negotiating a portion of the salary might be possible, it's crucial to ensure that you receive fair compensation for the days you worked. If the organization provided a vacation period for the Holi festival, that should be reflected in your compensation as well.
Consider documenting all communication attempts and keeping records of any correspondence related to your resignation and unpaid salary. If necessary, seek advice from legal counsel or a labor rights organization to understand your rights and options in this situation.
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A.Dear Client,
An employee is governed by the appointment/offer letter issued by a company and based on acceptance of the terms and conditions of the appointment letter you were allowed to resume your assignment by the Company. If there is a condition stipulated specifying that the submission of resignation by an employee be made in person, then you have to abide by the said condition of your employment, otherwise, it may be treated as a breach of contract that involves legal consequences. Further, a resignation requires service of advance notice that normally varies from 30 to 90 days and service of notice period. So, in the given scenario, to access your smooth exit from the company you need to abide by the instructions or the terms and conditions of your contract of employment whichever suits you most to navigate the issue smoothly and amicably considering your future career.
An employee is governed by the appointment/offer letter issued by a company and based on acceptance of the terms and conditions of the appointment letter you were allowed to resume your assignment by the Company. If there is a condition stipulated specifying that the submission of resignation by an employee be made in person, then you have to abide by the said condition of your employment, otherwise, it may be treated as a breach of contract that involves legal consequences. Further, a resignation requires service of advance notice that normally varies from 30 to 90 days and service of notice period. So, in the given scenario, to access your smooth exit from the company you need to abide by the instructions or the terms and conditions of your contract of employment whichever suits you most to navigate the issue smoothly and amicably considering your future career.
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Please approach the following authority or similar authority in a state
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Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
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