Covid-19 is a pandemic which has spread so widely that everyone today is fearful to it. Society have come together to fight against it. Government as well as non-governmental organisations working for the society have come together to help people to beat this pandemic. However, there are few who are misusing the pandemic and are troubling people instead of helping them.
I have came across so many people recently who are in stress because their employer is refusing to pay the salary of past 1 to 6 months. Lack of legal knowledge make those people quit the job silently. This practice by few have disturbed many by taking a toll not only financially but also on various other levels including mental health and have psychologically disturbed them.
The problem is when you take work from someone and refuses to pay him in full in retrospective manner, a feeling of distress occurs. Someone who is working in an unknown city on rent, cooking his own food, maintaining multiple expenses along with competing others in his area of work, such practice is nothing but cruelty on them.
Few lucky one’s who came back to their home since lockdown have been working day and night from their home and have set their schedule and timetable accordingly. This Work from home or WFH, though allows one to be stable in terms of money and finance however take a lot in terms of mental health. And when they’re denied salary and allowances after months of their hard work, it is not only wrong on moral part but is legally wrong.
There are few who have worked hard and suddenly fired from job one fine day without serving any notice to him while denying his dues. This is the extreme level of harassment.
So what can one do if his/her employee is denying his salary or cutting his salary or firing without notice and so on?
TAKE LEGAL REMEDIES!!
Not many understand law and one’s right and such organisations misuse this lack of knowledge. Law of India protects everyone and no one can evade it.
Firstly, send a legal notice claiming your dues. It can include anything and everything mentioned in your Joining Letter, Mail, WhatsApp Conversation etc.
Remember, even WhatsApp conversation is admissible in court of law.
Also in the legal notice, you may demand compensation for the harassment you’ve faced from your employer including mental harassment.
Note: To send a legal notice, you don’t have to go to court.
Hire a lawyer and your work is done.
(Obviously in exchange of a fees)
Secondly, you can go for a court case.
If the first formula fails and your employee doesn’t pay your dues even after the legal notice, you can go to court of law and seek your claims. For the same, you can hire a lawyer who can represent you in a district court seeking your claim.
Getting into legal course is better than settling with no salary for your work. Today it’s you, tomorrow it’ll be someone else.
So don’t leave your claim which you rightfully deserves.
For any legal assistance, you can write me a mail at [email protected]
Author: Adv. Shashank Shekhar Jha
Legal Editor, GoaChronicle.com