Legal Question in Employment Law in India

1.I WORKED FOR 5 MONTHS AS A SENIOR ACCOUNTNAT AS PROBATION WORD WAS CUT AND SIGNED BY MANAGEMENT BECAUSE I REFUSED TO WORK ON PROBATION,NOW INTIALLY THEY AGREED TO GIVE NOTICE PAY,LEAVE SALARY,PROPORTINATE BONUS BUT THEY HAVE REFUSED TO PAY ABOVE SAYING THAT WE WILL GIVE YOU ONLY SALARY,PLEASE HELP ME.

2.I WORKED IN PUBLIC LIMITED CO.,THEY HAVE GIVEN AS ACCOUNTS EXECUTIVE,I HAVE XEROX COPY OF APPOINTMENT LETTER NOT SIGNED BY COMPANY.IN APPOINTMENT LETTER (A.L.) ,IT WAS CLEARLY MENTIONED UNDER SEPERATION CLAUSE THAT WE WILL PAY ONE MONTH NOTICE AND A.L.CONTAINS WORD LIKE APPOINTMENT ON PROBATION AS WELL AS UNDER SEPERATION CLAUSE STATING ONE MONTH NOTICE PAY FOR SEPERATION OF SERVICE.

SIR, MY PROBLEM IS THAT I AM PROFESSIONAL HAVING 24 YEARS OF EXPERIENCE , SO I CAN FINISH THE WORK WITHIN 2-4 MONTHS ,SO AS SOON AS WORK COMPLETED THEY WILL TERMINATE MY SERVICE.

SIR, I AM UNMARRIED AND STAYING WITH MY PARENTS TO CATER THEM , SO, COMPANY IS CHEATING ME AND TAKING UNDUE ADVANTAGE. SO,SIR FOR MY PARENTS DUTY ,HOW SHALL I RECOVER THIS AMOUNT,I CONTACTED LABOUR OFFICER THEY ALSO AGREED THAT PLEASE MAKE COMPLAINT BUT MONEY PROBLEM ARISE.

PLEASE ADVISE ME FREELY HOW SHOULD I PROCEED AS PER LAW

WITH BEST REGARDS,

JDM

[email protected]

[email protected]


Asked on 3/09/10, 1:21 am

1 Answer from Attorneys
Adv.Sunita Lad Mayank Industrial Services

An unsigned letter has no legal validity and therefore any mention of separation benefits unless specified in a unsigned letter shall have no weightage.

Since you have only worked for 5 months , you may subsequently agitate with the Company for leave salary and bonus . You can takeup bonus and leave issue before the Labour office provided you are eligible employee.

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Answered on 3/11/10, 12:34 am


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