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srinivasachari (partner)     15 September 2014

Unpaid salary

I have been working for a family run business as a Manager.  For the last one month, I have been put to lot of mental trauma for no fault of mine.  (eg. A buyer has not given approval for art work, but the Managing Partner says they have given and I pay 25% penalty for negligence).  Excess payment has gone to the supplier due to mistake committed by accounts and I am asked to pay that money just because I am the Manager. 

 

I wanted to submit my Resignation letter to the Managing Partner and was not given opportunity.  Hence I sent out a mail with attachment and left the original on the desk of Managing Partner(last one month Managing Partner is avoiding to see me).  Though there is no official communication on acceptance of resignation, on certain mails they have mentioned that till such time I am on notice period I should continue my duties.

 

The salary for August 2014 has also not been paid to me and there is no communication in spite of my request by mail.

 

Please advice suitably to handle this case. 



Learning

 1 Replies

Kumar Doab (FIN)     15 September 2014

 A similar query has recently been discussed at:

https://www.lawyersclubindia.com/forum/Sales-manager-salary-unpaid-109209.asp#.VBcAXpSSwb8

You may go thru it and pick up the relevant points.

You should have downloaded the evidence in your favor (audio/visual/written)…………………………….and should have narrated the reason is notice of resignation………………………………..and concluded that no opportunity has been given to you and your earned wages have not been paid and it has been stated that the payment is denied by the good offices………………………………and you have no other option but to resign……………………………………(implying that you are resigning under protest………………………however there is no need to use such direct words).

You can do so in subsequent communications too.

You may also download all emails as later the employer may deny access to you.

Such companies may be covered by (Name of your state) Shops and Commercial establishments Act and even though you are designated as Manager you may still be covered.

Designation alone does not decide person shall be covered by def. of ‘workman’ as in ID Act, ‘employee’ as in Shops and Commercial Establishments Act.

 

It shall be certainly good if you can discuss in person with an able Labor Law Consultant/Service Lawyer……………………and show him all record…………………………..and proceed under his expert advice.


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