Non payment of salary for month of resign
gaurav
(Querist) 14 February 2013
This query is : Resolved
i was an employee in an school,for 1years 6 month approx.i have an offer letter,
as per my employment i have to give my resign within 30 working days.
i have submitted my resign 30 days before only but there was an official leave for 5 days & 3 sunday.
now my employer is refusing to pay for that month saying i have breach the aggrement & have not completed 30 working days.
can i have right to give notice demanding payment of salary for all 30 days including holidays & sunday.
can i have right to sue him in labour court?
any other measure that i can take.
can u provide me with notice format
Kirti Kar Tripathi
(Expert) 15 February 2013
IF you have worked, you have a right to get salary. the employer can not withhold on the ground of breach of contract, for which he has file civil suit for breach of contract and claiming damages and compensation. So for as forum available to you is concerned, if you are not teacher, you can approach labour court and can file application under Section 33-C(2, or if your salary was less than Rs. 10,000/- and you were a teacher, you can take protection of the Payment of Wages Act otherwise you have to file civil suit.
gaurav
(Querist) 16 February 2013
kirti kar ji,
\
yes sir i was an teacher & my salary was 8000 rs.
what step i can take to file an civil suit & wages act.
can i send my employer an notice demanding salary
Kirti Kar Tripathi
(Expert) 16 February 2013
you should file application under section 15(2) of the Payment of Wages Act before the Authority under the Payment of Wages Act of your area, Normally it is Assistant Labour Commissioner of specified area.
gaurav
(Querist) 19 February 2013
thanks & regards kirti kar ji
