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brew (NONE)     20 March 2013

Increament arears taken back when resigned

In one of the IT Company in Pune, employee received salary increment effective from Jul 2012 and employee received arrears in OCT 2013.

Increment letter was with condition that if employee has resigned or in notice period, employee will not be paid salary increment arrears.

In this case employee received arrears but Dec 2013 salary paid was ZERO amount and reason given is that salary increment areas has been taken back because employee has resigned.

 

To me, it is unethical and unfair policy of the company and I want to file the case against the management.

 Need legal opinion here.

 Please guide.



Learning

 3 Replies

Advocate Rohit (Advocate)     20 March 2013

First you need to serve a legal notice to the company through an Advocate against such unethical practices and thereby put your demand for outstanding dues.

if the company fails to pay, then you need to file a a complaint with the labour commission office or at the district court/civil court for recovery of your dues.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

 

Kumar Doab (FIN)     21 March 2013

It is felt that incremental increase in wages given and disbursed can not be taken back.

Notice period is counted in service.

In addition to the Industrial Disputes Act, 1947, several states also provide for compliances under the Shops & Establishment Acts, Standard Standing Orders Act, ……. So, if the employee falls within the definition which has been provided under the said enactments, then he would be protected to that extent.

Valuable advice of learned experts/members is sought.

V. VASUDEVAN (LEGAL COUNSEL)     24 March 2013

As a first step, you can file an application claiming unpaid salary with the local labour inspector/officer under the

Shops and Establishments Act. The Labour authorities are bound to take action and no need of filing a dispute/suit

may be required in the first place.

Vasudevan


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