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WHello Lawyers,
tl;dr first:
I left company in the probation period and owner is not giving salary for 36 days.Detailed Version:
I joined this company as a backend/smart contract developer in Jaipur mid Feb of this year.
At the month end, they sent me on-site(Patna) saying that it was just for 2-3 days. The company is handling a govt. project and their development was way behind schedule. The dev team must’ve needed at least 4 more months to complete.The owner of the company that I worked with had several other companies in this domain colluding with him to take multiple govt. tenders from Bihar govt.
My stay there extended to 1 week and the work I was given was that of a manager/BA.
Really soon, network jammers were in place, weekends were taken out of equation and the company became slightly tighter on the budget of my stay as well.I pled for return tickets and leave around Holi but manager/partner and owner both simply denied. They said that you’ll return when you finish the project. Others there saw my plight and shared similar situations they were in.
This was the absolute boss-level Lala company that I was working for.
I broke down and they had to book my tickets. After Holi, on 18th March, the manager/partner had a meeting with me and told me that what I did was bad and either resign or you have to go on-site again.
I didn’t want to go on-site, I put fair points in front of her that it was not mentioned in original offer letter, there was no development work there in Patna, just they needed a point of contact, for which, a manager would’ve been a better choice, but she didn’t budge. The absolute confidence on her face like she was in the right was appalling. I therefore resigned the next day. She said that salary will be credited in 45 days and she’d talk with owner for early release of salary.
I resigned in probation and they of course didn’t need me so there was no notice period.
The probation itself was of 6 months. So, should’ve seen it as a red-flag.
After 45 days I talked with her, and she started ignoring, I talked with the owner and he’s downright denying my salary.
He’s saying that the blunder I’ve created at the government has cost him a lot, and when govt releases funds, he will see it then, when I asked for an estimated time, he quoted that it could be anytime from 10 to 500 or days.I visited Labor Law Advisor’s office (the youtube channel) in Jaipur and they told that labor law and labor commission can only help if salary is like 18-25k or lower I guess.
Now this is where I am, currently unemployed, and no hope for justice.
Kindly help me with suggestions as to what can I do in this situation?
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Wwill it reliably and rapidly work?
I have all the proofs, the records, and everything, but I’m just afraid that I’ll be short 30 more thousands and nothing good will come out of it.-
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C>will it reliably and rapidly work?
No. It is not rapid. It will drain more money to legal expenses. It will not solve your problem.
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MPractising Lawyer here. You should avoid getting tangled in the court case. You will end up spending more than you have to recover. At the highest, you can send a Legal Notice to them via a Lawyer to try your luck. If they feel pressured, they might disburse your payment. Alternatively, social media is a good platform to share your story.
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Wok, seems like a genuine advice.
So, in general, India doesn’t have any safeguards for private sector employees?
And I read somewhere that the legal fee can be asked to be paid by the employer eventually?-
MYou can ask for legal fees as compensation. However, the courts normally order a basic amount as legal fees and not actually the legal costs incurred by you.
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