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Priyanka (Software engineer)     10 January 2011

Full salary not paid after resignation

Dear sir,

i was working with a software firm in noida.The employer was not paying the salary on time. So i had some issues with him after which he started questioning my performance. Then he asked me to take less slary the was promised to me as i am not working properly. i told him that i will not and resigned as he is threatening me to terminate. Now is deducting my special allowance and performance allowance from my salary as he is not happy with my performance. But any such deduction is not mentioned in my offer letter. He had even not given my appointment letter.i worked there for 2.5 months.

Please advise me what to do?

Thanks



Learning

 6 Replies


(Guest)

First, you may send him a strong legal notice and thereafter if there is no development, you shall file a Case for money recovery.

1 Like

(Guest)

 

Yes, send him a legal notice if he didn’t pay your salary then file for money suit. You have to simply file a suit for recovery of your dues.

Notice period condition comes under the contract of job which is between employer & employee and both can agree on the terms which are not unresonable as given in Indian Contract Act.

Mallik Karra (Done with AIBE)     14 January 2011

There is no way that he could deduct your special allowance... for Performance allowance was there any fluctuation in the pay slip for performace allowance or it has been constant?

Priyanka (Software engineer)     15 January 2011

No there is no variables written in the offer letter..or pay slip...

thanks for all ur reponses..

V. VASUDEVAN (LEGAL COUNSEL)     15 January 2011

Make a written complaint to the labour commissioner of the Noida.

Kirti Kar Tripathi (lawyer)     15 January 2011

since you are software engineer, you are workman under the U.P. Industrial Disputes Act because of your nature of job, you performed. As such conditions were not mentioned in your appointment letter, your employer has no right or power to impose the same and  special deduction allowance and performance allowance from your salary is illegal. You can file application under Section 33-C(2) of the Industrial Disputes Act or  under Section 6-H9@0 of the U.p.Industrial disputes Act. But in case, your services are terminated on ground that your performance is not up to the mark, if you are not on probation, same can not be terminated without opportunity and domestic enquiry. In case, you are probationer, they can terminate your employment after the expiry of probation period.  it may be noted in case you have not completed 240 days continuous service in a calender, month your services can be terminated without casting any stigma.  


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