Subject: Complaint Regarding Termination and Unpaid Salary Dear Legal Team, I hope this message finds you well. My name is Pooja Arora, and I would like to seek advice regarding a complaint I wish to file against my previous employer, Worldify. I received an email stating my employment was terminated effective September 24, 2024, due to consistent leave patterns. However, the email also mentioned that I cannot demand my pending salary of approximately ₹10,000 due to a clause in my offer letter. I believe this clause does not justify withholding my salary. Here is the relevant part of the email I received: --- Dear Pooja, Termination of Employment We hope this email finds you well. We are writing to inform you that, after careful consideration, we have decided to terminate your employment with Worldify, effective 24-Sep-2024. This decision has been made due to consistent leave patterns despite clear mention multiple times to avoid leaves, declining the responsibilities in your absence with respect to your work demands. Termination of employment is never an easy decision, and we regret that it has come to this point. We genuinely appreciate the effort you have put into your role during your time with Worldify. However, it is crucial for our team's success that all members consistently meet their commitments and responsibilities. Any overdue is forfeited as per the company's probation policy breach and evident eviction. We wish you luck and better commitments for your future endeavors! Kind Regards, Heena Ahuja Founder & Promoter - Worldify®️ Given this situation, I would like to know if I can formally file a complaint regarding the termination and the withheld salary. Your guidance on how to proceed would be greatly appreciated. Thank you for your assistance. Best regards, Pooja Arora
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 labour.commissioner42@gmail.com 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.] *****
Dear Client, As per your query, you should scrutinize your employment contract to understand the clause on the basis of which the company is withholding your salary. You may send a formal legal notice demanding payment of dues. If you don't receive a satisfactory solution, you can file a complaint with the Labour Commissioner under Industrial Disputes Act, 1947 and Payment of Wages Act, 1936 to recover your dues and also challenge the wrongful termination. Hope this answers your query.
