Questions & Answers
Threatening with an embezzlement case for claiming labour dues
I was working in a company for the past 2 years. I was given the duty of processing visas for the staff and labours and also for licensing the company. So they used to issue payments to me.
Due to doing the work through agents, very few receipts were submitted. But I kept a record of all the payments made and reported the same to the company on a day-to-day basis.
Now, they have terminated my services and when I submitted my settlement dues, they said they need to do auditing for doubts of embezzlement, only after that they will pay my dues.
Also, I heard from my colleague that they want to put a case against me so as to not pay me any money. The termination letter was served to me and mentioned no need for a notice period of 30 days.
To win the case they will go to any extent and they are rich too. I have no records to prove my innocence.
What should I do? I didn't lodge any complaint yet in the labour court.
You did not mention that your contract is for a limited period. If you file a case, then the labour department will know that your employer is making it up.
Sending money to you is not a crime. But if you send money to your account then that would be an issue.
You can claim the following if you file the case.
LIMITED/FIXED TERM: If the contract has a FIXED TERM i.e. the starting date and the end date is mentioned, then if either party decided to terminate the contract without completing the contract period, then that party must pay the compensation – IF the EMPLOYER terminates subject to a MAXIMUM of three months’ salary, and if the EMPLOYEE terminates 45 days salary compensation.
UNLIMITED TERM OR NO TERM MENTIONED: The minimum notice period is 30 days (Article 117) unless terminated under Article 88 and 120.
COMPENSATION ARBITRARY TERMINATION FOR UNLIMITED TERM: An employee who is dismissed arbitrarily (without cause or documentary evidence supporting poor performance) can claim an award of compensation up to three months’ salary, any contractual entitlements, payment in lieu of any unpaid part of the notice period; payment in lieu of accrued annual leave not taken and end of service gratuity.
NOTICE PERIOD: You have to check your contract as to the notice period mentioned.
DUES: All employees must be paid their full salary and benefits for the duration of the contractual notice period until their termination date.
LEAVE SALARY claim, and
REPATRIATION COST.
TERMINATION FOR A CAUSE: However, employees who are dismissed “for cause” (under Articles 88 or 120 of the Labour Law) will be terminated immediately and will not be entitled to receive the end of service gratuity, notice of termination or any payment for the notice.
