Holdin two month salary for clearance of hoto

April salary should have been paid.

May salary could have been paid on effective date of resignation/last day in office as indicated by company.

BM is not employer. BM is another employee. He has no control on payment of wages.  

He can not block payment of earned wages or set a new date for payment of earned wages.

Write to the good offices of appointing authority, MD, Chairman, and Company Secretary and raise your demands under proper acknowledgment.

Indicate to good offices, BM, HR that you may/can approach Wages Inspector, Labor Inspector/ALC, Inspector under Shops and Establishments Act, Trade Unions, Police under Sec 406, 420 etc, Lawyer………..

Wages have to be paid by usual pay day/fixed pay day and company has to comply with the provisions and clauses of enactments like:

-------- Tamilnadu Shops and Establishments Act: Chapter VII; Wages: Section 29,30,32,33…..

Don’t accept backdated pay slip.

--------Payment of Wages Act; Section 3, 3(d),  4, 5, 6,

-------Standing Orders etc……/Model Standing Orders; Section: 11,

13 : (3)  Where the employment of ……………………. the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

15,

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

17, 18……..etc

The salary must be paid in full i.e. Basic + D.A and other allowences as the employee was drawing as on date of submitting the resignation + his full and final settlement amounts i.e. Leave with wages for the balance leave + Gratuity if the employee completes 5 years and more of service in the said organisation + Bonus @ 8.33% upto the date of leaving the service during the year. If the employee desires to equit the employee immediately he had to pay 1 month notice period salary which all in total the employee was drawing as the date of quiting the services.

Dear Eswaran,

I hope you have got your copy of acceptance of resignation from your HR Dept. if not than do it today positively, kindly get your bank passbook completed till date from bank in which your salary is being credited so that it should serve as an evidence with you that you haven't yet recieved your April's salary and F&F of May.

As per the standard rules company has no right to hold the salary of last month and there is no clause under company & industrial law to justify the holding of two months of employee on recieving the resignation from the employee. 

It will be too early to say that Company's intentions are suspecious as you know better than us about their integrity & payment practices. Don't worry you serve your one month's notice period with them & just check out from your managment if they are comfortable to release your half salary for the the month of April on the ground of rental payment and other expenses as you are from Gujrat, as said you, before leaving this company make sure that you glean sufficient evidences with you to establish employer-employee relation to mark your claim from the company, as what you can muster by remaining in the organization that you wont be able to do by staying out of the organization.

Please follow the below link for better understanding :

https://www.consumercomplaints.in/complaints/kantilal-chhaganlal-sec-p-ltd-ahmedabad-gujarat-c464866.html

https://www.consumercomplaints.in/other/wens-drugs-india-pvt-ltd-c821034

https://www.consumercomplaints.in/complaints/tulip-telecom-ltd-full-and-final-settlement-not-cleared-c811009.html

https://www.consumercomplaints.in/employers/spanco-bpo-navi-mumbai-airoli-c805378

Hope you can now better understand the impartiveness of having aforesaid documents with you. My intention to post these links is not to cultivate any suspicion in you mind against your company but would like to make you prepared for any unexpected confrontation.

Thank You !!

Thank you for your reply's and iam very much happy and cleared my mind, and i spoke with the hrd in gujarat, they are saying its all hold by the instruction of my chennai BM, and we holded. Once u hoto is complete we will release your salary part and F&F will settle after u resigned the last working days. Is it all company will do the same and each word they are saying company rule,... Kindly assist me pls.

 It is reiterated that BM is no authority to block or pass payment of earned wages, and HR does not report to BM or take directions from BM, and if it has acted in compliance to directions of BM it is arbitrary, Bad, unfair on the part of HR and you should escalate to good offices to intervene and disburse the payment of earned wages at once.

Until or unless this BM is employer as per definition of Employer in Chapter1 : Preliminary :2 sub section5., of The Tamil Nadu Shops and Establishments Act, 1947

(5)  Eemployer'' means a persoil  owning,  or having charge of, the business  of an establishment and includes the  manager, agent  or other person acting in the general  management  or control of an establishment ;

If BM is employer his name should have been added in the Registration certificate of the company displayed at entrance or on notice board.

If BM is designated as employer/agent of employer/manager then you may add his name in the list of addressees along with MD, appointing authority, Chairman, Company Secretary while you write to good offices. 

Your silence may be recorded as HR as having accepted the verbal communication passed on to you.

You have spoken to HRD and they have confirmed that it is not in line with any policy of the company but as per the inner wishes of the BM and communication by BM as per his inner wishes that your salary of April is blocked.

Subsequent to your discussion submit gentle communication referring to telecom with HRD (mention date, phone numbers from which you called/phone number at which you called, name-designation-dept-address of the HR personnel called by you, brief minutes of discussion pointing out the wishes of the BM as stated by HR) and conclude that the decision is arbitrary/not acceptable and your salary for April can not be blocked and should be paid immediately so as to reach in your salary bank a/c……….in say……………days. You may also highlight the financial hardships you are facing due to non payment of your earned wages.

You may also mention that the salary of May and FNF dues shall be paid within office hours on dated………..which is your last day in office, as stated by Mr/Ms………….

You may also take up with BM and object to his command to block your earned wages.

You may prepare a statement of payables by you o company if any, and payables by company to you and conclude that you owe no amounts to company and company owes Rs…………..to you and there is no reason that company should block payment of your earned wages. You may ask the good offices to confirm the correctness of the statement of payables at once.

It is entirely up to you tp proceed further and you may consult elders in the family, competent and experienced well wishers, lawyer/law firm, Inspector under various enactments, and proceed as deemed fit at your end.