Nishant Gupta 15 July 2016

Employer not giving salary

Dear sir I am working in a big corporate firm. I am on notice period. On my resigning month I forgot to fill the online time sheet which is for company record if the employee came to office or not. Now my employer is refusing to pay my salary for may month. Also when I joined it is mentioned in my offer letter that my notice is one month ,but they are compelling me serve three months because they have recently increased the notice to three months. Please help me how can I get back to them. I have logs and mail as well to prove that I was in office. Thanks

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5 Replies

Kumar Doab (FIN) 15 July 2016

Diwnload the proof of attendance as it may be blocked anytime.

Submit gentle request (under proper acknowledgment with a copy to you) addressed to good offices of Head-HR, appointing authority, MD etc to regularize the attendance of everyday.

The notice period of 90 days may not neccessarily be applicable to you.

Visit a very able counsel specializing in labor/service matters with all docs on record for a considered opinion.

JustAdvisor (IT) 15 July 2016

in my opinion notice period applicable to you is one month which you agreed upon when you joined the company. the company cannot unilaterally change the notice period to their advantage. even your signature if obtained on increase in notice period is in my opinion under undue influence as you are in an employer employee relationship. refer the matter to an able counsel.

Kumar Doab (FIN) 15 July 2016

Repeated at:

https://www.lawyersclubindia.com/experts/employer-not-giving-my-salary-607686.asp

Ritesh Maity (Labour Law Advocate) 16 July 2016

A notice period is applicable both parties. It cannot tilt in favour of one party.Since it is already mentioned in the appointment letter that your notice period is only 1 month, then you are not required to serve more than 1 month.

However, regarding your forgetting to fill online time sheet, you can aks in writing the employer that you have forgotten to fill the time sheet but from other documents it will be proved that you have attended office. This cannot really be a valid ground to conclude that you have not attended office.