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Salary

(Querist) 16 October 2012 This query is : Resolved 
HELLO GENTLEMENS, PLEASE HELP ME!!!!!!!!!!!!!!!!!

I'M JITENDRA SINGH WORKING AS A CIVIL ENGINEER IN VALECHA ENGINEERING LTD. I'M WORKING THERE SINCE DECEMBER 2011, I GIVE MY RESIGNATION TWO TIMES, BUT THEY DIDN'T ACCEPT.

MY PROBLEM IS I WANT TO RESIGN NOW,AND THEY DO N'T GIVE MY SEPTEMBER 2012 SALARY TILL NOW (TODAY 16 OCT 2012) AND MY P.F AMOUNT AND OTHER AMOUNT THEY DEDUCT FROM MY SALARY AS A BONUS SINCE MY EMPLOYMENT.

I'M IN TROUBLE, IWANT LEGAL ADVICE AND STANDARD LEGAL PROCEDURE. WHAT I HAVE TO DO.

RAJU O.F., (Expert) 17 October 2012
The procedure in case of resigning from the job and other terms and conditions would be mentioned in the agreement/contract you have executed at the time of appointment; hence the treatment in this issue would be in terms of the said agreement. Better consult an advocate who is practicing labour matters on behalf of employees.
M V Gupta (Expert) 17 October 2012
Have u found out why your salary for the month of September is not paid?
Write a suitable letter to the company and request for payment without any delay as u are findingf it difficult to look after ur family without salary for such long time. As regards resignation, once again issue the letter of resignation as per the staff rules, if any, or as prescribed in your letter of appointment. Unless therre are any sums due from u to the company or any disciplinary proceedings are pending against u , the company should not refuse to accept the LOR. Tskr sckonwledgement of the receipt of the LOR from an authorised office of the Company for future action in case the Company does not acccept LOR.
Guest (Expert) 17 October 2012
If you have resigned as per the termination clause in the agreement,then management is legally bound to accept it.They are also bound to settle your final dues.They cannot initiate any disciplinary proceedings after termination of the contract ,unless it commenced during your tenure in the organisation.They can adjust your outstanding dues against last pay or leave encashment but not against PF/Gratuity.If they do not release you and you have got a better job,you can dis-continue after completion of the notice period or w.e.f the date mentioned in your letter of resignation,as applicable.If they do not make full and final settlement of dues,you can file a recovery suit against them.You can also loge a complaint before the concerned ALC & Controlling Authority.


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