2 Answers
Dear Client,
The rejection of the agreed severance payment is probably in violation of the Indian Contract Act, 1872, and the relevant State Shops and Establishments Acts in operation. Delays due to unproven performance do not automatically entitle the employer to avoid the legal notifications unless a formal inquiry reveals gross misconduct. It may also be possible that the Maternity Benefit Act, 1961, offers certain protections in your case. First, you need to prepare a formal legal notice that requires your contract dues. In case the employer refuses to pay, you may approach the local Labour Commissioner or initiate a civil suit. The time taken to resolve the matter may be from several months to several years, depending on the legal forum chosen. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you
Dear Mam, as per your query,
Send a written demand notice stating:
Your employment terms.
The unlawful termination without notice/severance.
That you are entitled to 3 months’ salary in lieu of notice as per your contract.
If the employer does not pay, then you can file a labour complaint.
For further clarification and details, feel free to contact our OLQ team for a detailed discussion.