Salary date according to Indian law
Querist :
Anonymous
(Querist) 10 June 2011
This query is : Resolved
I have recently joined a Startup IT company, i received my first salary on 7th of subsequent month.On inquiring the HR for the delay in payment he informed that the date of payment according to HR policies is 10th of subsequent month.
Is there any labour law on what is the max date before which the the salary has to be paid?
prabhakar singh
(Expert) 10 June 2011
salary "payment" date may differ from employer to employer,and no legislation is there,in case of dispute a reasonable date has to be inferred ,moreover you are not a labor,and your H,R.has already explained you.don't you know even govt.delays payments.
Querist :
Anonymous
(Querist) 10 June 2011
After joining the company i have noticed a lot of discrepancies in the offer.The offer also states that i accept the policies that company has which can be looked up in the intranet of the company.
Firstly there is not intranet in the company.I sent a mail out to the HR on the first day of joining inquiring about the policies, he then informed me that the policies are being formed and will receive the hard copy ASAP.Its been 2 months now but there is no news on the policies.
Recently when my colleague put his papers he was informed that he will be paid the salary for the notice period of 3 months only as a part of the final settlement,On inquiring he was informed that this the company policy and every policy needn't be shared with the employee.
Notice period is another 3 months so if they don't provide me a graceful exit even after serving the notice period, then it will be difficult to convince the next employer about 6 months of no experience certificate.Also it will be very difficult to serve the notice period for 3 months without any pay
I don't have confidence that this emp will keep up to any of the promises.I have not signed any agreement in bond paper , all agreements are signed on a normal white sheet.
Querist :
Anonymous
(Querist) 10 June 2011
Will there be any legal issues if i decide to quit the company with out notice....kindly suggest...
prabhakar singh
(Expert) 10 June 2011
Sorry!i did not know you have joined a problem and not an employment.As you state i feel they are rouge.is plain paper bond signed by you refers to any damages payable?
please return here again with attachment of bond.
Querist :
Anonymous
(Querist) 10 June 2011
yaaaa....I feel the same.I don't have a soft copy, but the mutual agreement clearly states that both the parties have to serve either 3 months notice or pay out 3 months full salary.
I don't mind the notice period, not paying the salary for 3 months and stating that HR policies need not be disclosed is outrageous.Moreover they have a very hostile work environment.
At the time of taking the offer the HR sounded very genuine, and I had no intentions of switching again, but the hostile work environment has forced me look of other opportunities.
Kindly suggest how do i approach such a situation if i decide to quit
Thanks in advance
Querist :
Anonymous
(Querist) 10 June 2011
Also to add.In the last one month that I have joined the organization,there have been at least 6 employees from various reputed organizations who have joined this company and Quit after looking at the hostile work environment.
Kindly suggest
prabhakar singh
(Expert) 11 June 2011
I guess that bond does not provide for any damages to be paid.Only 3months Notice or salary
in lieu thereof is the condition on either side. your main concern i notice in your words:
"Notice period is another 3 months so if they don't provide me a graceful exit even after serving the notice period, then it will be difficult to convince the next employer about 6 months of no experience certificate.Also it will be very difficult to serve the notice period for 3 months without any pay."
Better say them good by if they do not have your testimonials in original in their custody. Circumstances suggest they may create problem in your graceful exit.
Querist :
Anonymous
(Querist) 15 June 2011
Thank you very much for your help.I will be taking a decisions on the same by next week.Hope i don't get into any legal hassles.
Thanks again
