Salary issue
ravimehta
(Querist) 22 January 2015
This query is : Resolved
Dear Sir,
I am working in a indian organisation from almost six months. My salary comes on 7 of every month but my company has not released my last month salary now its almost time to come another month of salary. When i asked them the reason then they said becuase of you poor performance they hold my salary. In this case can i lodge a complaint against y company where i am working for salary matter. kindly help
Dr J C Vashista
(Expert) 23 January 2015
Salary earned is your right and you should ask it immediately, in writing followed by a notice for initiation of necessary legal action against the company/employer.
malipeddi jaggarao
(Expert) 23 January 2015
If you are under probation, if your terms of employment or service regulations contain a provision that salary will be kept on "hold" due to poor performance, the organisation should give you a notice to this extent. On their own unilaterally, they cannot keep your salary on "hold" when they paid the salaries of others. However, have a dialogue with HR and settle the matter amicably. If HR really establishes your poor performance, you can assure the organisation that you would improve your performance and request for release of salary. If they do not heed, alternative is serve a legal notice and start a legal battle.
Rajendra K Goyal
(Expert) 23 January 2015
Since your Company is of the opinion that you are not performing well, Search for another job. Once you start correspondence with your Company, it may fire you on any false / minor ground. In private companies, such are general tactics to pressurize the employees.
Try to keep mum till another job is available for you. Claim your salary in humble and diplomatic way.
Kumar Doab
(Expert) 23 January 2015
The salary has to be paid on due date.
You must submit to good offices of appointing authority/MD (in writing under proper acknowledgment preferably by letter thru redg. Post or atleast from person email id......of official email id with a copy to you)that salary for the month of has not been supplied to you on dated............and till date thereafter despite reminders by you.....and no salary slip has also been supplied to you.
You may firm up another job ASAP..........and may resign by notice of resignation only tendering full notice period..........and let the employer accept before expiry of notice period.....
The might have been put on hold as company might have decided to separate and keep some funds pending to square off the dues by adjusting notice pay.....
Firm up joining time (equivalent to notice period)with new employer and try for buy out of notice period/pay.....
Performance has nothing to do with payment of earned wages........and employee can lodge complaint the moment the payment of earned wages is delayed even by a day........with authorities e.g.
Inspector appointed under :payment of Wages Act/Shops and commercial Establishments Act
o/o Labor Commissioner
Works Committee/Grievance Redresaal Commitee, Employee's/Trade Unions.........
Proceed further preferably under the guidance of your labor Law consultant/service Matters Lawyer....
T. Kalaiselvan, Advocate
(Expert) 26 January 2015
Salary of an employee cannot be withheld without assigning any reason, even if a reason is quoted, it should be a justified one and not a flimsy reason. You have every right to salary which you can demand, better create a record in writing by communicating your demand for arrears of salary to the company and get it acknowledged so that it will help you to proceed legally against the company in the future, if need be.
