skanthahyd (proprietor) 03 December 2011

Company hold my salary

Hi Sir,

I need immediate answer for my query. Plz help me out in this. Recently i resigned from a company by serving 26 days notice period.

The offer letter says

1 "You are required to give ONE Month written notice if you wish you resign from the services on your own accord or pay one month salary in lieu of notice period. How ever the management reserves the right to relieve you on your resignation based on the merits".

2" the management reserves the right to terminate your services without any notice in case of any non-performance,non-committed attitude, sudden change of interest or unethical practices.

In the offer letter they did not mention anything about the company side notice period.

I have given notice on 26 days notice and they were relieved me and also issued service certificate But they hold 1 month salary and refused to pay as i did not work for 1 year as per the service agreement. I worked for 10 months.

When i joined the company they had taken signature on a printed paper for 1 year service agreement in which if i leave the company before 1 year i have to pay one month salary they refused to serve the copy of the service agreement to me and hold my 1 month salary. There is no condition in the service agreement if employer terminates employee what they pay. Is it legally accepted.

plz advise me under which laws i can get my salary due from them. In this case whether service agreement or offer letter conditions applicable. need urgent help.

skantha

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2 Replies

Kumar Doab (FIN) 03 December 2011

It shall be better and beneficial for you if you can post the copy of your service agreement, offer letter, appointment letter, FNF statement. You may erase the names for confidentiality.

You can take it that notice period to be observed by company is equal to notice period for employee.

You have accepted the conditions of both offer letter and service agreement. You are within your rights to demand and get the certified copy of service agreement. Based on FNF statement you should lodge a protest on amounts paid to you and may mention that FNF statement is not correct (if it is) and you are accepting the payment under protest and demand the reason with supporting documents for each amount deducted by company.

Do you have record of performance, revenue and profits generated by you? If you have been a good performer in your area of operation you can highlight your achievement s and ask for a waiver from good offices of your appointing authority, MD, CEO, Head-HR. Your line management can be of help to you.

yatin kumar (CSA) 24 January 2014

Dear sir,

in january 2014, i have gone to the office for twenty days only as my father was not well and my mother was not able to look after my father alone and i also informed my TEAM LEADER about this family concern and after that i went to my hometown to look after him for few days but on 27th jan ,2014 ,i came to know by one of my friend ,who work in the same company that i have been referred to HR and my salary have been on hold..so how can i get my salary......

sir plz advice me....