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Karan Madhwani
in Civil Law
Asked October 23, 2017

Boss didn't pay and removed without notice period

  • 1 Answer

I joined a startup company on 22nd of Oct, and on 21st of Nov my boss said he cannot make my payments so he want me to stop working for him with immediate effect, and did not give any notice period too. And agreed that salary for 30 days which is total of 30,000 will be paid on 23rd of Nov, without any compensation of termination without notice due to shortage of funds with company. He also sent me an email confirming the same. However, I have not received my payment yet, and he is not answering the phone call also. I have the offer letter, appointment letter, and email confirmation with me. I had joined this company on less salary because of my poor financial situation, and if he is not making any payment to me, it is going to be even more critical for me. Please address my issue on high priority, I have already incurred a lot of loss because during my job I travelled to many places for business purpose on my expenses, which are not included in the 30,000 agreed.

Answer 1




Dear Sir/madam,

You need to approach the office of the Labour Commissioner and submit an application before him/her in the form of a complaint. This application should contain all the facts of the matter and your concerns. Your employer will be called for a mutual settlement first and thereafter the normal court procedure of hearings will begin and then pertaining to the final judgement released, you can either appeal to the higher authority or accept it as it is.

You also need to go through your appointment letter once and the terms and conditions enlisted therein. Because most of the private companies contain a clause of immediate termination of employment (without serving one month notice) for the employees still in their probation period. This aforesaid probation period generally continues for a tentative period of 6 months.

Based on the terms of your appointment, various sections under the Industrial Disputes Act, 1947 may be invoked in the court of law.

Agree Comment 0 Agrees over 3 years ago

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