LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mickey (Marketing Manager)     18 January 2013

Salary not being paid

Respect to all the lawyers here in the forum.. I'm looking for Enlightment for a case of mine which follows..


I have recently joined in November 2012 to be precise a Pvt. Ltd. Co. here in Central Delhi.. and facing some problems related to salary..

I recieved my november salary on Mid-December with 2 days less in account I still kept on pursuing my job and events in the organzation. Later this January 2013 my salary has been put on hold  while everyone in the organization was paid on 4th of January, 2013. But with no said reason my salary was put on hold. I kept on asking for a explanation in writing but have recieved none. Its been approxamately 14 days and I have still not been paid.


I have been constantly mailing the higher authorities but have received no mails all that i have recieved is people asking me to quit the organization.

Its a plead to the club to kindly provide me with way I can move forward. As things are not working professionaly in this organization of mine. I would like to make out a way, as people in the organization are forcing me to quit. Which I'm not ready to do so..

 

Thanks & Regards



Learning

 3 Replies

Goutam Dass (Manager Vigilance)     18 January 2013

Law of natural Justice has to be maintained by the organisation. The organisation needs to to give you a show cause notice ,await your explanation, set up an enquiry commission, and then the board should decide on your exit. But prior to that you should see your appointmant letter whether you are permanebt employee or not?

Kumar Doab (FIN)     18 January 2013

You should firm up your next venture as ap. You may approach a competent and experienced labor consultant/service lawyer with copies of all of your docs and record and give inputs in person, and proceed under expert advice of your lawyer. Please do not conceal the factual reasons of why you are being asked to resign.

 

You have posted that:

--“I recieved my november salary on Mid-December with 2 days less in account I still kept on pursuing my job and events in the organzation.”

It is not understood what exactly do you mean by 2 days less in account?

Later this January 2013 my salary has been put on hold  while everyone in the organization was paid on 4th of January, 2013.

I have been constantly mailing the higher authorities but have received no mails.”

You may take printout of all emails sent by you and submit a representation by letter addressed to good offices of your appointing authority, MD, Company Secretary by redg. post , attach copies of all emails sent by you and mention each one in list of enclosures and highlight your grievances for redressal by good offices and request for a reply in writing by redg. post. You may mention that a postage prepaid envelope bearing postage stamps of Rs……is enclose for sending redg. post to you.

You may also forward all emails to your personal email a/c keeping in mind that you should get exposed for having violated email policy of the company if any.

--“ all that i have recieved is people asking me to quit the organization.”

It is felt that the people are asking you verbally.

For a company resignation by employee is the best and safest way to avoid termination, retrenchment/lay off, and its implications.

Employee should record such transactions {audio/visual. Mobile is useful} and keep evidence and witness.

You can also add in your representation that on dated……Mr/Ms……..designation……..dept….address……in office premises ordered you to give up your employment by resignation and submit resignation and good offices may provide relief to you.

If you submit resignation with immediate effect company may square of your dues by adjusting notice pay.

Notice pay should ideally be adjusted @ Basic + DA as employer encashes paid leave, disburse bonus, gratuity, OT etc  Basic + DA.

Hence if you decide to separate you may submit notice of resignation addressed to good offices, as described in your appointment letter under proper acknowledgment under seal and signature of company/ by redg. post followed by email and attach scanned copy of notice and receipt of redg. post. You may also obtain POD from PO {free copy which is internet generated and certified copy of run sheet of post man against a fee of Rs.10/}.

You may mention your effective date of resignation/last day in office /period of notice in your notice of resignation and request to issue you acknowledgment/acceptance and to inform to whom you should handover the charge

Since you are working for two months only, it is felt that you are under training or probation.

The termination by company or employee during this period without assigning any reason should have been described in your appointment letter.

If the establishment is Industrial Establishment you may look into certified standing orders and check if these have been extended to your designation.

What is this company an Industrial Establishment/Commercial Establishment?

Company must have displayed the registration certificate, standing orders near entry, on notice board.

For wages you can approach Wages Inspector, Inspector under SE Act.

You can proceed under Payment of Wages Act as per provisions of the enactment.

Company has to pay you the earned wages.

 

KCS Kutty, Pune (FACULTY)     18 January 2013

Dear Kumar Sir,

As you have rightly pointed out, this gentleman has not mentioned when he joined, (i.e. date of joining - he says in November), date of payment of salary in December ( he said, mid december), two days salary reduced (whether he availed any unauthorised leave), whether his employer is a factory  under Factories Act 1948 or an establishment under State Shops & Establishment Act, whether he has been served a formal offer of employment with terms and conditions. 

Whille sending e mails to higher authorities, the text matter may be converted into pdf format and attached to the mail so that it remains unchanged.  Signature also can be included before converting into PDF.  

Without having detailed and correct information, giving an advice is not possible.

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register