Non realising salary
biswajit chakraborty
(Querist) 01 November 2016
This query is : Resolved
Dear sir
I am working in a design house named Impact creative services Pvt.ltd.for the last one year. From last
month the employer getting ferocious with me any time with least good cause. On 27th of October I was
absent for an emergency and I didn't call the boss. Every absenteeism is non payable here.
On other day when I enter the office I saw a new man working on my desk. Boss said you are terminated
and leave now.
Below is from my joining letter --
You or the company may terminate the services under this appointment without
assigning any reason thereof by giving one month’s notice or an amount equal to one month’s basic salary
in lieu of notice period to the other party.
when I remind him about that he said ok from this day you are on notice period, you can come one month
just sit anywhere in the office don't work and after notice period I will give you the salary.I told him
that this will be very embarrassing for me and he replied me that I deserved that. Then I asked him to
give me a written notice and he agreed after using some arguments. I waited two hours but he left the
office without giving me that notice and I also left the office bothering embarrassment.
On this day I luckily got a better job offer. So I joined there next day i.e. 31st Oct.
Now On day november 1 I asked him by phone for my due salary but he said if you take notice and do as I
said to you,you will get your previous salary else you will give me your resignation letter.I told him
that I don't want to do that.I asked him politely that I don't want the money without working but just
for sitting. so please give me my previous month's salary and give me realise letter from my duties. but
he abused and put down the phone.after that day he never taking my phone still now.
Is there any hope to get my hard earned salary back and I do want to workin my new company. I will do
anything for that.
please respond ASAP and Please help me out.
Thanks and regards
Biswajit Chakraborty
Devajyoti Barman
(Expert) 02 November 2016
Well,the employer is bound to comply the stipulation which prescribed payment of one month salary in lieu of notice period.
So you are entitled to payment both for the says/months you worked and for the one month notice period.
Your employer seems to be very rude man .
So lodge a complaint with police for case u/s 420, 406 IPC.
Then only he is likely to make payments.
Rajendra K Goyal
(Expert) 02 November 2016
Agree with the advice from expert Devajyoti Barman.
Kumar Doab
(Expert) 02 November 2016
Expert Mr.Devajyoti Barman has aptly described your boss and steps that you should take with such individuals.
You have posted that:
"On other day when I enter the office I saw a new man working on my desk. Boss said you are terminated
and leave now."
You could have minuted the verbal termination with immediate effect and appointment of another person for your designation/post from the very same day.
Did minute it and did you send the letter say by ordinary post!
Approach your able counsel specializing in Labor/service matters...
R.K Nanda
(Expert) 02 November 2016
nothing to add more.
Dr J C Vashista
(Expert) 03 November 2016
Too long a story for FREE LEGAL ADVISE.
Consult a local lawyer.
