Settlement is due
Sandeep Kumar
(Querist) 17 July 2016
This query is : Resolved
Hi,
Recently my employer asked me on June 20th 2016 to resign within 10 days as company was under some financial trouble. I asked them for settlement under Bombay Shops & Establishment Act as company is registered under the Bombay Shops & Establishment Act.
Owner agreed to pay me June salary along with one month's salary as compensation and agreed to avail my balance leaves (10 days) under settlement period.
I resigned on June 30th, CEO assured me to pay June salary before July 5th 2016, and balance in the month of July itself. Now its 17th of July and I even didnt get my June salary. On every message to them CEO always replied "sure".
Let me know what can be done here as being a service person I would be in deep trouble if I didnt get my dues on time, I have pay various dues i.e. card bills, rent, school fee etc.
What could be the best way for a quick settlement?
I would also like to know - can any company hold your past month's salary for such a long duration?
How much time they can take for settlement?
Please suggest. Thanks in advance.
P. Venu
(Expert) 18 July 2016
You may serve a Notice through an advocate requesting for immediate settlement.
Sandeep Kumar
(Querist) 18 July 2016
What rules say? Should I get one month's compensation if a company decide to discontinue my services without giving any notice period? because CEO made all commitments verbally.
Guest
(Expert) 18 July 2016
It is your prerogative to believe or not the verbal commitments of your CEO. Rules are not taught here, more particularly on presumptions, like, "IF". Presently you don't have any legal problem.
By the way, on which position you have been posted in the company?
Rajendra K Goyal
(Expert) 18 July 2016
Legal ways generally does not provide immediate relief.
Verbal commitments may not have legal enforcement.
First try to settle at your own level, if not possible send legal notice.
Sandeep Kumar
(Querist) 18 July 2016
Thanks Mr. Dhingra, I know rules are not taught here, but forum allow to discuss rules and possible solutions otherwise everybody knows to visit a legal adviser and do as per his suggestions and if you are aware about various solutions you can choose right one.
Rules play critical role in any dispute and we have seen judgement against exploitation regardless of what was committed.
Sandeep Kumar
(Querist) 18 July 2016
Thanks you Mr. Goyal & Mr. Venu, I am a media consultant and give consultancy for nations top 5 media.
To my personal experience, many times advisers misguide you and that was the reason Lawyers Club here giving every individual an opportunity to discuss their problems and hopefully to get right direction.
It was Mr. Dhingra's prerogative he assumed that I dont any legal issue.
Guest
(Expert) 19 July 2016
Mr. Sandeep,
Mr. Dhingra is always ready to help the needy persons, provided the querist convinces him about the genuineness of his problem.
There are several holes in your story. For example sake, in your original query you asked for rules, but now you have edited your your original query by replacing that sentence with the sentence, "What could be the best way for a quick settlement?"
I can very well understand, why you prefer to modify your query by editing from time to time instead of keeping its originality intact and providing supplementary information separately. You seem to be mistaken, that way by modification of your original query you can't convert your academic query in to a real problem by attempting to prove the responders as false. Although you have tried to add several things in order to demonstrate that your query is real problem, but still you have not been able to rmove the drawbacks of your story.
I don't have any objection if other members prefer to suggest you the ways & means to provide you answer to your academic query, but being not convinced I may not like to suggest you anything in that respect, as I believe a law student, in order to get perfection, must read his study materail first, form his own opinion and only then come forward with his real doubt, if there is any. I dislike hypothetical stories for hypothetical answers.
Sandeep Kumar
(Querist) 19 July 2016
Dear Mr. Dhingra,
I Respect you & all members. I didnt edited my query, original message is same as it was posted before anyone replied.
My problem is simple - like I said in original message I was asked to resign in 10 days and instead of all promises I didnt get my salary till now.
In reply to my query for a quicker solutions, respected members suggested to send a legal notice through legal adviser.
Then I asked about employment rules for my understanding so that I can have a word with CEO before I go for a legal notice, after knowing about rules I can tell my previous company about rules and may be that can resolve my problem much quicker than any other long rout.
So first of all its not a story, its a genuine problem and that's why I am here for help.
Lastly I have few experience which taught me that having knowledge of rules always benefit you.
In one of my previous job when I resigned my employer refused to give me my other benefits for current year saying you are leaving in the mid of session and you are not eligible for that. Few member gave me great advice and I sent them a notice mentioning rules and to my surprise company settled my balances.
May be you misunderstood my problem and found it false. While I had two different queries.
Kumar Doab
(Expert) 19 July 2016
--------------Deleted as per last post----------
Guest
(Expert) 19 July 2016
Mr. Sandeep,
That is your problem that you try to prov others wrong. Had you not mentioned about knowing rules, I would not have replied, "Rules are not taught here."
Contrary to your denial, you have already cofessed, "I asked about employment RULES." I would like to reproduce here the whole paragraph of your post 3 hours ago:
EXTRACT OF 4th PARA OF YOUR LATEST POST:
"Then I ASKED about employment RULES for my understanding so that I can have a word with CEO before I go for a legal notice, after knowing about rules I can tell my previous company about rules and may be that can resolve my problem much quicker than any other long rout."
I know you had been appearing with diiferent profiles and picking up fight mostly on trivial matters just to stress upon your version and to prove others as wrong. You can bet, you can't learn appropriately in this style that you adopt in various threads.
SO NOW, I reproduce your whole modified query below so that you may not edit any further. You may just point out, where the word, "RULES" exist now in your story"
EXTRACT OF YOUER EDITED QUERY:
"Recently my employer asked me on June 20th 2016 to resign within 10 days as company was under some financial trouble. I asked them for settlement under Bombay Shops & Establishment Act as company is registered under the Bombay Shops & Establishment Act."
"Owner agreed to pay me June salary along with one month's salary as compensation and agreed to avail my balance leaves (10 days) under settlement period."
"I resigned on June 30th, CEO assured me to pay June salary before July 5th 2016, and balance in the month of July itself. Now its 17th of July and I even didnt get my June salary. On every message to them CEO always replied "sure"."
"Let me know what can be done here as being a service person I would be in deep trouble if I didnt get my dues on time, I have pay various dues i.e. card bills, rent, school fee etc."
"What could be the best way for a quick settlement?"
"I would also like to know - can any company hold your past month's salary for such a long duration?"
"How much time they can take for settlement?"
"Please suggest. Thanks in advance."
ANYWAY, now I suggest, you may better consult some local lawyer so solve your tangle with the employer, if really you have.
Sandeep Kumar
(Querist) 19 July 2016
Dear Mr. Dhingra,
Seems you made a habit to take any discussion in wrong direction rather than to provide a needful guidance. I can also see your similar comment on my 8 months back query.
Regarding your personal attack -
"I know you had been appearing with diiferent profiles and picking up fight mostly on trivial matters just to stress upon your version and to prove others as wrong. "
Mr. Dhingra, FYI - technology is so powerful today and can reveal so many things related to tech use/users, I suggest you, complain lawyersclub, ask them to identify my IP address & ID and then ask them how many IDs I have or how many queries I have posted here, that would give you a fair idea that may be you have issues with forum.
I personally believe in social responsibilities and dont misuse any forums.
This was my second query at this forum.
I specially thank to Mr. Kumar Doab who again gave me excellent advice.
What I got through Mr. Doab's post, have a look -
Mr. Doab gave term "Deemed termination" and then got its definition in Bombay Shops & Establishment Act.
Deemed Termination -
If an employer wants to terminate the services of any employee who has been in his continuous service employment for one year or more, the employer can terminate his services by giving him 30 days' notice in writing or wages in lieu of such notice.
Settlement Duration -
Payment of FnF wages is on LWD, within say next 3 days or max. by usual pay day.
That's all, above 2 points make my case stronger.
Lastly, as you are a senior expert I would like say sorry if my message hurt you and would request you to spread your guidance for needy people.
Kumar Doab
(Expert) 19 July 2016
Author @ Sandeep Kumar,
I want you to not to make any comparisons.
In particular mine with any senior expert.
I am a admirer of the Senior Experts at LCI and Senior Expert Shri P.S.Dhingra.
We all have immensely benefited from post of Shri P.S.Dhingra and all senior experts.
You will agree with me that if you and other authors/querist come to LCI then it is not just for seeking Free Advise, but quality of advise and illustration.
Of course it is free.
For the rate and ratio of quality you and other authors/querists can very well ignore everything else.
With this I would prefer to close my posts in this thread and want you not to expect any response from me in particular in this thread or by PM ever again.
Hope you shall have NO Doubts that my posts are my property and No One has any rights on these.
Although I am pained with your comments still as a last good gesture I shall suggest that you may find a counsel par excellence as indeed you have erred and have compounded your problems and would need a very able counsel. Although you were advised in detail in your last thread, still you have erred.
GoodBye.
Guest
(Expert) 20 July 2016
Mr. Sandeep,
Query with wrong base or intention always gets wrong directions. For that no one else, except the author of the query can be considered as responsible, who intends to take the experts for a ride assuming as if they are idiots. But if you think otherwise, if the experts are assumed as idiots, the querist can be termed as the biggest idiot, if he seeks guidance from them.
A simple question arises, if as per your statement, "Owner agreed to pay me June salary along with one month's salary as compensation and agreed to avail my balance leaves (10 days) under settlement period," and the CEO always says, "sure" why not go to them personally to settle the issues, instead of asking the members of LCI. Moreover, some times you say owner of the company and the other time the CEO, as if you are not sure whether your employer is an ownershp firm or a company.
So, I may advise you to better consult some local lawyer by showing your papers to him, if at all there is any truth in your story. Let him examine the papers and advise you to your satisfaction.
Please note, none of the members is compelled to render you free advice even on your real problems, what to say of your hypothetical academic excersises.
Sandeep Kumar
(Querist) 21 July 2016
Mr. Dhingra,
After seeing Mr. Doab’s post I had decided to not to take this discussion further as I was not here for any cat-fight and didn’t want to spam the forum but I am replying for your skepticism.
First of all common people are not coming here just to get a free advice but also for gaining knowledge which enables them to seek justice through rightful information in their personal life. Due to proper knowledge I personally benefitted at my own in many cases against many big organizations like Energy Supplier, Telecom Operator, Credit Card Provider etc.
You pointed out an error (not mistakes) in my post; I agree with you that I did that because I am not a legal expert and I wasn’t drafting any legal letter. I used word “Company” because it’s a Pvt. Ltd. Company and we all know in many such companies’ person who forms a company always takes a position like CEO or MD etc. that was the reason I used words CEO & owner to let experts know both are same person (in legal drafting it’s incorrect).
Use of “If”, I was asking about rules and I didn’t see any error in using that term. In fact the act itself says “If an employer wants to terminate the services of any employee”
So instead of any advice you made assumption and declared that I am making false stories and later you also blamed that I appear with different profiles to picks up fight, how did you concluded? That comment was not expected from an expert.
Well I am closing my post here, rethink on your comments because its not necessary that every common people should know the rules of legal drafting. Errors can be pointed out but that doesn’t mean people don’t have problem, in fact there’s no harm if a person come to forum and ask something to gain knowledge, Its expert’s prerogative to reply to a query or not.
Guest
(Expert) 21 July 2016
You may continue with the thread, if you prefer. But don't expect any guidance if I am not convinced about the genuineness of the problem.
