how to get salary after my notice period
gokul
(Querist) 11 June 2010
This query is : Resolved
Dear All,
I am from chennai.I worked as an CTO in private concern.As per our company rules i issued the resignation letter with 3 months notice period.After receiving my resignation letter from thord day itself my problem is stsrted.
1.they disconected my net connection
2.strict order to the all employees "dont talk to CTO(me)"
3.started insulting me for all the small things.
as the CTO of the company....after the resignation letter they insulted me a lot.Managenent forget i am the base for the company and i only bring the team to the company.
they started complaining about me to the all other employees.
after one week My boss purposly started unwanted arguement with me and he said "if you wants to go out from the company you can go out now"
i am totaly upset and went home.
after that my friend told me they opend my system checked the all files and changed the passward and loced my system.
and my hr called me in the same day said "dont come office from tomorrow"
and i am waiting for my salary for the last one month.there is no reply from the management and from the hr side.
i have all the proof(copy of the resignation letter with three months notice period,mail proof for all my communication with hr).and also they deducted PF for almost 16 months.but till now company is not started any pf account.
please guide me how to get my salary?please send me your commends to my mail....
gokuleena@gmail.com
thanks,
regards,
Gokul.
Guest
(Expert) 11 June 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING YOUR SALARY AND NOTICE PAY KINDLY NOTE THAT.
1.YOU MAY REFER YOUR OFFER AND APPOINTMENT LETTER FOR YOUR TERMS OF EMPLOYMENT AND NOTICE PAY CLAUSE.
2.KINDLY NOTE THAT IN CASE OF NOTICE PAY CLAUSE YOU MUST ISSUE NOTICE TO THE CO.REGARDING LEAVING THE JOB AS PER NOTICE CLAUSE.
3.IN CASE YOU LEAVE JOB WITHOUT GIVING NOTICE OR WITHOUT COMPLETING NOTICE PERIOD THEN SALARY IN LIEU OF NOTICE WILL BE DEDUCTED.PLEASE NOTE .
4.IN CASE YOU HAVE ALREADY COMPLETED NOTICE PERIOD AND THEN LEFT THE JOB THEN YOU ARE ENTITLED FOR SALARY.
YOU MAY KINDLY SEND EXACT DETAILS SO THAT I WILL DRAFT A LEGAL NOTICE AND SEND YOU , YOU MAY SEND THE SAME TO YOUR CO.FOR DEMANDING THE SALARY ARREARS.YOU WILL SUCCEED.
THANKS.
B K Raghavendra Rao
(Expert) 11 June 2010
When once the employer comes to know that an employee is not interested in working for the company, he would have a different attitude towards that employee especially in private companies. This has happened in your case. It is the management technique of exhibiting their anguish over your resignation. You cannot challenge any of their action like disconnecting the net connection, instructing the other employees not to talk to you etc. However, if they have deducted pf amount from your salary and not credited to your account at the Employees' Provident Fund Office, it is a criminal offence and you may proceed against them in this regard.
Regarding salary, issue a notice and wait for their response. You may, if you so choose, file a money recovery suit in a civil court as you do not fall under the employee of workmen to approach labour court. But, civil court matter would be expensive and time consuming. Think twice before proceeding.
mahendrakumar
(Expert) 12 June 2010
right advice by Mr.Raghavendra.
