Tanmoy Chakraborty (System Administrator) 31 October 2014

2years service bond and salary not paid for the last 3-4 mon

Dear All,

My self Tanmoy Chakraborty from Kolkata. I have joined an IT-Software Development company as a System Administrator on May, 2013. I have a 2 years service bond in the Rs.20 Stamp paper with the company but the company doesn't notaries that. The Bond is in single page and the bond statement is as follows -

"I here by acknowledge and agreed that I will serve ASPL for a period of 24 months from the date of joining. I also agree to failing of which result to pay two months salary or one lac (which ever is Higher) as penalty. I also acknowledge that company has reserve the right to terminate me and penalize me if I found to do any harmful sort of activities against the organization."

As per the appointment letter PF, PT and other taxes will be paid by the company. I am very much satisfied with my jobs from the day one. But I have waked up day by day after 4-5 months. There is no particular date for the salary. Not only that they doesn't pay anything against the employees PT. No PF registration done by the company. When I have joined there was 42 employee. But now the employee strength is only 7. I am not getting my salary for the last 3 months. In this scenario can I submit my resignation without any notice period (I have two years service bond in the Rs.20 Stamp Paper but employer not notaries that)???? Can I go with the legal way for the unpaid salary??? What is best solution to overcome this situation......Please suggest me......

Thanking You.

With regards

Tanmoy Chakraborty

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4 Replies

Adv k . mahesh (advocate) 31 October 2014

have you discussed with the hr personnel for the delay in salary and why salary is not being paid since 4 months

even if you want to resign from the company then they may withheld the 2 months salary and will pay you two months salary

you have not mentioned why other employees are leaving the company thus they also under bond

and what steps they are taking who are under bond, without any written letter first you should have communicated your problem and once you resign company may harass you to pay the 4 months salary once you get the amount then after that you can resign by stating the delay in salary which made you suffer a lot in written letter

moreover if you have any other job then only resign after getting arrears

Tanmoy Chakraborty (System Administrator) 31 October 2014

Thank you Sir. Thank you very much for the reply. I have communicated with the HR manager for the salary. She is also suffering the same problem. In this regard she is also want to submit the resignation.

Some employee are leaved the office for better opportunity and some of the employee are terminated by the company. All the employee who has leaved the office are software developer and they are not lying under any bond. So there is no steps taken by the company. Company was harassed them and doesn't refund their security deposit.

Now I am trying to switch for the better opportunity. I am more that 12 years of experience in the system administration field. I think I will be appointed by the other company soon. That's why I am prepare for this kind of problem. Because I am too much worried about my future.

Please sir tell me one thing that after getting all dues do I submit my resignation without any notice period after remembering the BOND ??? Is there any legal way so that my office can stop issuing my release letter or is there any other legal way so that my company harassed me????

Please suggest sir.....

Thanking you...

With regards

Tanmoy Chakraborty

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 31 October 2014

for delaying the salary, you can intimate to M.D. in writing or e-mail ,if no reply, , you can give complaint to the labour commissioner. Why resignation ?