Harassment during exit/ non-payment of salary and insentives
asdf
(Querist) 18 December 2015
This query is : Resolved
I joined Hinduja Leyland Finance ltd 18 months back(off-rolls).
My ctc was fixed to 166860/- as per appointment letter.
I was paid ctc 150000/- after joining.
my State head mailed that, I am to get incentives for my work, I topped the state in my targets(mail available), but after several queries..no incentives.
When I was on my post, a new candidate for the same post(on-roll) was appointed with ctc-350000/-. Same job, same work but double payment. I resigned after that.
Now my last month salary, incentives are blocked. notice sent, no reply. kindly help and suggest.
Kumar Doab
(Expert) 18 December 2015
What was your designation and nature of duties?
You were in which state?
Rajendra K Goyal
(Expert) 18 December 2015
You said you topped state, but did you achieved the targets?
Send registered letter for your claim?
P. Venu
(Expert) 19 December 2015
Had you given Notice as due before resigning?
asdf
(Querist) 19 December 2015
Sir, I am answering your queries., kindly suggest me how to proceed further...
1). My designation was LAW OFFICER as per my appointment letter., and the nature of my duty was looking after legal matters/case matters and legal collection(repo-loss) from customers.
2). I am from Orissa.
3).As per the annual report in performance, my collection topped the table in all India in G-flag(repo-loss) cases as an individual among all in the same category.
4). I have sent registered letter/legal notice for my claim. I have served due notice period., and also handed over my charge duly.
No reply has been received. kindly suggest
Rajendra K Goyal
(Expert) 19 December 2015
Send registered letter followed with the legal notice for your claim.
Recovery through legal process is cost and time consuming with uncertainty due to the fact that the decision would be based on merits of the case and you have to prove your claim beyond doubt.
Kumar Doab
(Expert) 19 December 2015
As a law officer you may not be covered by the def. of 'Workman' but it is a possibility that you might be covered by the def. of 'Employee' as in Orissa Shops & Estbs Act.
If yes you can approach Inspector appointed under the Act.
If your wages fall within the purview of Payment of Wages Act you can approach Inspector appointed under the Act.
If incentives were promised then it is also fruit of labor and Non Payment is breach of promise and you may consider complaint u/s406,420...........
You can proceed to file civil suit for recovery, winding up petition.
Discuss with your able labor Law Consultant..................and understand the merits and options.
