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Sudakshina Bhatta   10 November 2015

Employer not paying salary

Dear Sir/Ma'am Recently I have resigned from a job that I had joined two months back on 24th August. During the interview the lady offered me an amount which was beyond my expectations and it felt lucrative. It was an academic writing firm and it's head office is in Gurgaon. The company's name is LOCUS Rags and the owner is Mr. Ankush Tambe. I was offered with 20,000 INR per month. The offer letter I received after joining included this amount along with the details of the office timings. Later on after joining and working for few days I received the appointment letter where it was mentioned that I need to achieve a certain word count for receiving the full salary. I asked the lady that interviewed me about the target and she replied that the entire salary is target based. It was not communicated earlier and so I felt that the company is misrepresenting facts in order to fool the employees. I decided to quit after getting salary for August. When I told the lady about my decision she said for the first three months the salary will be full irrespective of the target. After 3 months it will be target based. But for the month of August I received only 4600. This again made me raise questions to which she replied that only for 7 days we can't pay you 20000, you will receive the entire amount after one full month. I trusted her but the target seemed unachievable and moreover the concept of target based salary didn't impress me. I told her about it and said that I want to quit. This time she talked to the management and reduced the target a bit for all. So I worked with them for the whole September and at the end of September I found that the target wasn't achieved even though it was reduced. This time I received my full salary but I was worried about the future months. After thinking for a while I decided to resign. I notified her and submitted the resignation on 1st October to which she asked me to submit the reasons for my resignation. I submitted the reasons but didn't get any response. It was written in the appointment letter that I'm bound to serve the notice period after resignation and so I served it. In the meantime I didn't even receive an approval/acknowledgement of the resignation mail sent by me. Throughout October I served my notice period and then when the month ended I didn't receive my salary. As I asked the lady she told me that the works done by me needed improvement. So even after serving notice period is worked on the pending works. I asked her through mail that whether I will get the salary after doing the work. She replied yes. Then she kept on harassing me by reverting back with the same work repeatedly. It was irritating and so I wished to visit the office for further discussions on the work. She refused to allow me to office. Next day I received a call from HR Mr. Hitesh Agarwal. He told me that I need to sign a legal document agreeing to the fact that I will do the pending works for the next 1.5 months. If I agree only then I'll get the salary. I agreed but since then I didn't hear from him. Along with me two other employees got treated the same way and in august another employee left the firm because he was not getting his due salary. If these fraudulent firms keep on exploiting the generation in this way then how will we develop as a whole? I've lost my trust on employers now. They are simply making fun of law and order. I would like to know how can I teach these guys a lesson so that they stop exploiting the employees in future. Please suggest me some less expensive way outs. Regards


Learning

 3 Replies

Kumar Doab (FIN)     10 November 2015

Your contentions should be that the offer letter did not contain any such condition or you would have declined to accept the offer. The appointment letter contained penultimate, illogocal conditions regrding conditions to pay earned wages and you represented in offcie and employer agreed to withdraw the conditions and later bacjtracked and aske to tender notice and serve the notice period and you need to get wahges @ as in offer letter and paid in first month................and saalry slip has not been supplied for any month.

 

If you are unable to handle the matter on your own approach:

 

Employee's/Trade Unions

Labor Law Consultant and under thier expert guidance approach:

Inspector appointed under Punjab Shops & Estbs Act (Haryana follows it)

Inspector appointed under: Payment of Wages Act

O/o Labor Commissiner

and your counsels amy opine that complaint u/s406,420 is possible and winding up petition can be filed.

Unpaid wages/emoulments is debt on employer.

 

 

 

 

Inspector appointed under

Mrs.Radhika   07 February 2016

Dear Sir,

Oct 22, 2015 at 12:54 PM,

I wish to formally notify you that I am resigning from my position of FRONT OFFICE EXECUTIVE with Chrysalis High, due to my personal commitments.

Kindly consider my request and relieve me at the earliest.

I wish to take this opportunity to thank each one of you for your professional guidance and support.

Dear Radhika,

This is to confirm the acceptance of your resignation which we received on 22.10.2015. As per your employment contract, your notice period ends on Tuesday, 22.12.2015, which will be your last working day.
We are sure that you will continue to perform to your best abilities for the remaining period as you have always done.
It has been a pleasure working with you. Wishing you the best of luck in your future endeavors.
 
 
 
 

Dear sir,

This is to inform you that I will be discontinuing my tenure in your institution with immediate effect on account of the verbal and mental torture inflicted on me post resignation by Mr Rajan the principal.
I had intended to serve the notice period but mr Rajan kept asking me if I wanted to be relieved earlier and was pestering me to leave early, he was very rude and made derogatory comments day before yesterday on the performance of front office .
He has been very rude and nasty in his behaviour since I submitted my resignation. Mrs. Bharathi Rajan also informed me that there are too many people now at the front desk and I need not come on Sunday.
It is impossible to continue working in this atmosphere. He has indeed compelled me to take this decision knowing fully well that I am single and am going thru a separation with my spouse and have a lot of legal issues in progress. 
I would request to clear my dues on account of my financial instability and in these circumstances he has forced this decision on me .
My salary and El is due and would request you to settle the same keeping in mind my performance where I have worked till 8 pm in the evening.
It was a good experience working with you and institution I'm writing this to you as you had given me an opportunity to work and supported me at tough times.

 

Dear Radhika,
Noted. 
The separation procedure with respect to the two months notice or two months salary in lieu of notice will be applicable.
 
Dear Sir,
 
As discussed, with Mr.Chalapathi on continuous follow up advised me to send mail to you. I have not received full and final settlement of my salary still. Kindly do the needful at the earliest.
 
Dear sir
Good Morning,
As per chelapatty sir instruction I called you up this morning to request for my settlement and yu disconnected the call and then sent me a message that you are in a meeting and I should message you hence I am sending a mail to you 
I had intended to complete my notice period and then quit 
You on the other hand kept asking me if I wanted to leave immediately I can 
You also said the front office staff is useless including me it was quite frustrating and demeaning to encounter these comments all along 
Yu fully well are aware of my legal issues with my husband I have to work very hard to earn money to pay the fees and to take care of myself I know this is not your problem but this is why people say that personal issues should not be disclosed to your employer or the head of an organization where you work because they capitalaluse on that
I really don't understand you were in a hurry to get rid of me you won't let me work elsewhere as you are constantly keeping a tab on me in my work place by indulging in unethical tactics like your coordinator Lalita keeps giving missed calls 
Is this the work culture of a school. 
I have been requesting for my settlement for the hard work that I have put in but in vain I am being pushed around . I need my salary and full settlement to be made at the earliest.
I have worked which is way beyond .
Pl don't think I am weak because I am alone 
I am still requesting for my settlement or else I will surely fight for what is due to me 
The amount you owe me may be too small for the employer but it is a big amount for me 
 
Dear Radhika,
 
Wishing you a very Happy New Year. May this new year fulfill all your wishes and aspirations.
 

As you are aware, you were a confirmed employee of the school and as per the appointment & confirmation letters issued to you, the two months notice period or two months salary in lieu of the notice period is applicable for your separation from the school. I had clearly stated this in my email to you dated 20.11.2015. You had, in fact written back to me on the same day, saying that you will be serving your notice period out and that your last working day at school would be 22.12.2015.
In view of the above, please find attached the working for your full and final settlement. As is evident from the attached sheet, after taking into consideration the number of days you have worked out of the notice period as fully paid, an amount ofRs.8552 is due from you. You are requested to pay this amount to the school at the earliest so that your experience and relieving letters can be issued to you and separation process completed.

 

 

 

kindly advise as i have worked with notice period for one month
 


Attached File : 322535 20160207220656 891219510 full final statement radhika.xlsx downloaded: 45 times

Kumar Doab (FIN)     08 February 2016

@ Mrs. Radhika,

 

You have although alleged that your bosses have not allowed you to complete the service of notice period, the establishment thru it HR etc has  communicated its decision to either serve the notice period or tender notice pay.

You have not clarified what is yur designation andnnature of duties?

 


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