Compelled to leave in notice period, salary withheld

The issues raked up by you are notice period, unpaid wages, training period………..

You may refer to :The Delhi Shops and Establishments Act, 1954 and standing orders applicable to the establishment…………………….HR policy, service rules and regulations referred to in appointment letter…………

You have posted that:

----“was told during interview that m appointed on training basis for 3 months after which my salary will be revised.”

Why did you want the training period to be inserted in appointment letter?

Is it because that during training period there would be no Notice Period?

Is it because that after successful completion of training period there would be an increase in salary?

Do you have copy of the job advt., interview call letter, selection letter or any other document showing that initial 3 months were to be as ‘Training Period’?

“i even mailed the company several times stating how they misleading me, illegally holding my salary and forcing me to leave the job”

This may serve a purpose if you have narrated what was promised to you during interview and company has remained silent on it.

“i got my appointment letter almost a month later ‘

There was no other option but to accept it. Detailed appointment letter could have been provided on joining day.

34. Employer to furnish letters of appointment to employees: COMMENTS

The object of the enactment is to furnish an accurate proof of employment…………..

----“ then i got to know that they have salary month of 21st of one month to 20th of other, the salary of which is given on the 10th of next month.”

The wages thus should have been paid by 27^th.

It seems to be in violation of The Delhi Shops and Establishments Act, 1954:

19. Time and conditions for payment of wages: (3) The wages of every employee in any shop or establishment shall be paid on a working day before the expiry of the seventh day of the last day of the wage period in respect of which the wages are payable.

You may go thru other clauses e.g;

21. Claims relating to wages

37. Powers and duties of the Inspector:

(b) Duties of the Inspector: (h) that the wages and other dues are being paid to employees in time as required under the Act;

and another thread e.g;

https://www.lawyersclubindia.com/forum/Termination-while-on-medical-leave-97936.asp#.UxnGEUeBmXU

---“ though i was the in-house doctor for 1 centre but was made to manage all the centres in delhi.’

You may submit the Tour Expenses and TA/DA and HQ/EX HQ allowance and OT claim.

----“ i immediately resigned giving 12 days notice period against their 30 days norm ‘

30. Notice of Dismissal: {For service period less than 3 months notice period seems to be NIL.}        

(2) No employee who has put in three months’ continuous service shall terminate his employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one  onth’s notice he will be released from his employment on payment of an amount equal to one month’s pay.

COMMENTS

(a) Applicability of section 30

The protection of the provisions of the section is available to all persons who fall within the definition of the term “employee” as given in section 2(7) of the Act and who have put in three months’ continuous services. In the absence of any standing orders or any contract between the employer and the contesting respondent containing any particular terms or conditions, the conditions of service of the employee relating to his employment in an establishment at Delhi are covered by section 30(1) of Delhi Shops and Establishments Act, 1954

{ If standing are not applicable then the terms should be governed by above clause of the Act.

If standing orders are applicable but are not certified then Model Standing Orders: Sec 13,  should apply and notice period in probation period is NIL.)

----“  i asked the HR manager to give me in written that they will release my salary of both last 2 months after 40 days of my last working day, which they are assuring me verbally.”

The FNF wages have also to be paid max. by usual pay day otherwise ideally by last day in office or within next 3 days.

The employee can complain the moment wages are not delayed  by even if by a day and employer may be penalized by say Rs.7500/instance…………..

If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..

Employee can approach:

----Employees Unions :

Try to pursue thru IMA also.

--- Trade Unions e.g; CITU, AITUC, INTUC ............................

--- Inspector under Delhi Shops and Commercial Establishments Act, If it is commercial establishment.

The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.


--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act. 
You may refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.


--- O/o Labor Commissioner

----RPFC thru nearest PF office

----ESTC Inspector in jurisdictional ESTC office

--- ITO; TDS where you file your ITR


--- CIT-TDS (jurisdictional) where company files ITR

----Lawyer/Law firm

---Civil Court

Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV

Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, Notice of resignation, resignation etc…………….. Communications exchanged to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.

i joined the company on 28oct 2013 and acc to my resignation my last working day was suppossed to be 20 january 2014 but was compelled to leave on 10th january 2014. thus i didn't complete even 3 months with the company.  in this whole duration i got salary only once i,e on 10 dec 2013.( 44 days after joining the company)

i was asking for the training period to be documented in papers because i got to know from my co workers that the company never appointed any doctor in training period before (officially). and when i asked my Hr MANAGER about it, he initially refused about me being in training period and that no doctor is  appointed on training period even if they get training but  then after talkin to someone on cal, he said yes u r on training period.  his response made me suspicious therefore i demanded my training period to be officially documented. and my manager who during the interview said my salary wud b revised refused straight away about promising something lyk that, when i asked her 2 months later. my appointment letter states about 6 month probation but nothing about training period. 

now the company has sent me a legal notice saying i hv left in the training period leading to huge money loss to them and asking for 2 lakhs as compensation.

i have not signed any bond with company nor i was told i cannot leave in the training period. now the company who wasn't earlier even ready to document my training period are claiming that my leaving has led to financial loss to them especially when i was forced to leave in my notice period.

i joined the company on 28oct 2013 and acc to my resignation my last working day was suppossed to be 20 january 2014 but was compelled to leave on 10th january 2014. thus i didn't complete even 3 months with the company.  in this whole duration i got salary only once i,e on 10 dec 2013.( 44 days after joining the company)

i was asking for the training period to be documented in papers because i got to know from my co workers that the company never appointed any doctor in training period before (officially). and when i asked my Hr MANAGER about it, he initially refused about me being in training period and that no doctor is  appointed on training period even if they get training but  then after talkin to someone on cal, he said yes u r on training period.  his response made me suspicious therefore i demanded my training period to be officially documented. and my manager who during the interview said my salary wud b revised refused straight away about promising something lyk that, when i asked her 2 months later. my appointment letter states about 6 month probation but nothing about training period. 

now the company has sent me a legal notice saying i hv left in the training period leading to huge money loss to them and asking for 2 lakhs as compensation.

i have not signed any bond with company nor i was told i cannot leave in the training period. now the company who wasn't earlier even ready to document my training period are claiming that my leaving has led to financial loss to them especially when i was forced to leave in my notice period.

You have posted that:

“my appointment letter states about 6 month probation but nothing about training period. “

“now the company has sent me a legal notice saying i hv left in the training period leading to huge money loss to them and asking for 2 lakhs as compensation.”

Both are contradictory.

If there I no training period as in appointment letter, corrigendum signed by you then there is no training period.

You may approach your able labor consultant/service lawyer and a fitting reply by your lawyer may settle your matter.

The legal notice issued by the company does not take away your right to demand payment of earned wages.

The employer was not making the payment of earned wages on time from the very first month as already posted above. Such employers are unworthy of being employed with.

Your lawyer may affirm that notice period is not applicable in your case.

You may approach your lawyer and show all of the docs /record and give inputs in person.

The lawyer that has seen all of the record and has analyzed the inputs can advise you the best.

IN your next venture obtain the appointment letter before joining and retain all documents discussed in this thread.

this is stated in my appointment letter in probation, confirmation, termination and resignation section :

"you will be placed on probation for a period of 6 yrs. during the probation period if the company is not satisfied with your work and conduct, your services shall be liable to be terminated at any time without any notice. the period of probation will be liable to such extension as the company deems fit at the sole discretion and unless an order in writing confirming you in given.

while on probation or confirmation, the company has the right to terminate the appointment by a notice of 30 days in writing or payment of gross salary in lieu thereof. similarly the employee at any point of time exit this contract of appointment by giving a notice of 30 days in writing to HR department and reporting manager or payment of gross salary in lieu thereof.

in case any disciplinary and /or legal proceeding is pending or contemplated against you, the management may refuse your resignation and in such case, your resignation shall not take effect till the management accepts it. "

is still notice period not applicable in my case ????? i haven't served even 3 months with the company.

 i even lodged complaint against the company with police for inappropriate behavior and mental harassment caused due to illegal holding of my salary and compelling me to leave my job in notice period against my will.

can company claims 2 lacks as payment of training cost as i left in training period ????? i haven't signed any bond with the company neither anything about training cost was mentioned to me ever nor its in appointment letter.

>>> It is felt that:

Probation Period of 6 years seems to be illogical.

The employer can terminate without notice in case of non performance and misconduct.

During probation period employment can be terminated by employer or employee by tendering notice period of 30 days or notice pay in lieu of it @ Gross Pay.

>>> If you are covered as ‘Employee’ and establishment is ‘Commercial Establishment’ as in:

The Delhi Shops and Establishments Act, 1954:

2. Definitions.—..

(5) “commercial establishment” means………..

(7) “employee” means……………..

(8) “employer” means………..

then since you have not worked for 3 months therefore the notice period applicable in your case may be NIL.

Generically speaking as per the language in the Act you may get covered as ‘Employee’…………………….

You may check with your lawyer and Inspector under this Act.

>>> If you are covered as ‘Workman’ as in ID Act, Model Standing Orders apply to the establishment and cover your designation, then the notice period during probation period should be NIL. You may check with Certifying Officer (CO) that may be DLC in o/o Labor Commissioner at Delhi. Employee or any one can obtain certified copy of the standing orders applicable to the establishment from Certifying Officer against a reasonable charge that may be Rs.3/page……………….

>>>If you were not under any training period, you can clarify you were neither a ‘Trainee’ nor any training was provided to you.

If you have been working as a regular employee handling actual work like a regular employee you can clarify you were not a Trainee.

>>> Your 1^st month wages were not paid within 7 days from the completion of 1 month hence  you may be eligible to  lodge complaint with Inspector under Payment of Wages Act, Inspector under Delhi Shops and Commercial Establishments Act………………………Their contact details, Delhi Shops and Commercial Establishments Act, Payment of Wages Act etc……….. should be available at the Dept. of labor website of Delhi…………..or you can buy the latest version from market. Your lawyer may have all of these.

https://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Shops+and+Establishments+Inspectorate/

Non Payment of wages is also a breach by employer and can render employer as unworthy of being employed with.

The employee can lodge a complaint the moment payment of wages is delayed even if by a day. The penalty might be Rs.7500/instance.

The payment of Wages Act is a statue, has statutory force and should prevail upon any private agreement that employer has signed with employee e.g. appointment letter or a private policy that employee might have crafted e.g. policy mentioned by you that wages for 2^nd and 3^rd month shall be paid after 40 days of the acceptance of resignation.

On line discussions have its own limitations. At Delhi you can approach lawyers par excellence. The lawyer that has seen all of the record and has analyzed the inputs can advise you the best.

It shall be appropriate to proceed under expert advice of your lawyer.