Dear Sir
I was working with MNC (US Based) and posted at MUMBAI as Manager (Not in a factory).
Following for your info –
Date of joining – Dec 10
Date of Resignation – 14 Mar 12
Last working day - 18 Mar 12.
Due to internal conflict between management I had decided to resign from my position and accordingly sent my resignation (Via Mail) to Director. Next day he accepted my resignation and decided my last working day as 18 Mar. In a short notice I have handed over all my responsibilities and on last day I have obtained signature of all the concern on my handing over note.
As per company policy I had given 30 days notice period to company but management decided to relieve me early. I have hard copy of the same.
I was using company handset and as per company policy I have to retain the mobile phone and company will deduct WDV for the same. I have already agreed to that.
As per company policy, they have to give me incentive every quarter to me. However in my 16 months job they had paid me only one quarter incentive. On last day my manager agreed to me that he will give the incentive percentage to accounts dept for payment and he had given the same on 25 Mar 12 to accounts department and confirmed me on phone.
When I followed up with accounts manager, he told me that they were busy with yearend closing and shall process my F & F amount and salary in the first week of April. When I called them on 9th April they told me that the mobile handset recovery form approved by management was not yet received by them. As a process to pay the F & F amount and company will do the internal process as the amount already recovered from F & F amount from the individual.
I have already wrote mails to MD and Director HR to give me the date however they have not replied to my mails but when I send SMS they respond through SMS.
Now my query is –
1. Can company hold my salary for the month of March? Plse quote under which law and section.
2. It was management decision to relieve me before notice period then how many days they can take to pay me salary and F & F amount. Plse quote under which law and section.
3. Can I ask them to pay me interest @ 18% or more for the salary which was not paid on 31 Mar?
4. Which laws govern the MNCs in India for the payment of wages or salary to Managers?
5. Can company hold my payment for the month and pay me with my F & F amount after the notice period is over that is 13 Apr 12? However my last working day with company was 18 Mar 12?
6. Can I pull them under harassment by not paying salary on time and up to what extend?
In the appointment letter they have not mentioned anything for the issues which I have raised other than a arbitration clause.
You are requested to guide me to proceed further.
