Not paying salary
Atul Kumar Mirchandani
(Querist) 12 June 2012
This query is : Resolved
dear sir/ Mam
I have been working in my organization's head office form last more than 1 year. i also have completed my probation period. now they are transferring my Viajayawada. but i am not ready to go there so they are demanding my resignation and i don't want to leave my job as i have an education loan.
And also if i resign they are not demanding my notice period. i asked them to let me consume my remaining leaves but again they are not allowing me for that and forcing me to either join at vijayawada or resign from my designation.
i just want to ask you few questions
1. Should they terminate me or should i resign if i deny their orders of transfer and do not resign either.
2. i haven't resigned yet so do they have any right to keep hold my salary of last month.
3. And if i resign will i be get paid for my Earn leave, Casual Leave and sick leave.
4. Can my Company take any legal action against me later because they are demanding my notice period right now and if later they will say that i didn't serve my notice period.
5. can i take my legal action as i have proof that i informed HR and my HOD that i will resign soon after consumption of my leaves
in my offer letter there are some conditions like
a. After completion of probation period, your services would be subject to termination by giving one month notice or salary in lieu thereof, from either side.
b. However, be open to the management to accept your resignation with effect from any date earlier than the one offered by you in your resignation or stipulated as per terms of your notice period
c. The company reserves its right to terminate your services without notice in case of any act of misconduct or breach of any of the terms of this implied or expressed on your part or any conduct which is detrimental to its interests. This is without prejudice to any otyher rigt or remedy which may be available to the Company.
d. in the event of any misconduct of the rules of the company, you may be placed under suspension pending enquiry into the charges of misconduct or otherwise. The salary for the suspension period will be paid to you only when you are found not guilty of any of the charges for which you were suspended and not orherwise.
now please tell me should i take any legal action against them or what should be my next step.
Sudhir Kumar, Advocate
(Expert) 02 October 2012
My dear fried. All your questions are absolutely irralevent because of simple reason that you are under debt for paying off education loan.
You have not stated if the organisation is Govt or not.
Any advise given to to you fight against company will be poison.
If you can secure another job then resign and join. If you have no other job in hand then go to Vijaywada and save this job.
Please state clearly if you are in Govt job if any further clarification is needed.
