Sainik Saha Choudhury 09 July 2017
Ms.Usha Kapoor (CEO) 09 July 2017
You and other employees who'ven't received salaries for several months may approach the labour court and fight your case mentioning all the above allegations in your petition.The Management attitude is nothing but highhandedness,arbitrary and contrary to principles of natural Justice . It samcks of victimisation and unfair labour practice of employees whose salries haven't been paid for several months. Before filing the case in labour cpurt/Tribunal(If it is an insdustrial establishment)Issue a due Legal Notice to the Mangemnt with all th e above points. IN case you don't get a reply or if got not a satisfactory reply then approach Labour court/Tribunal.
Ms.Usha Kapoor (CEO) 09 July 2017
You and other employees who'ven't received salaries for several months may approach the labour court and fight your case mentioning all the above allegations in your petition.The Management attitude is nothing but highhandedness,arbitrary and contrary to principles of natural Justice . It samcks of victimisation and unfair labour practice of employees whose salries haven't been paid for several months. Before filing the case in labour cpurt/Tribunal(If it is an insdustrial establishment)Issue a due Legal Notice to the Mangemnt with all th e above points. IN case you don't get a reply or if got not a satisfactory reply then approach Labour court/Tribunal.
Ms.Usha Kapoor (CEO) 09 July 2017
You and other employees who'ven't received salaries for several months may approach the labour court and fight your case mentioning all the above allegations in your petition.The Management attitude is nothing but highhandedness,arbitrary and contrary to principles of natural Justice . It samcks of victimisation and unfair labour practice of employees whose salries haven't been paid for several months. Before filing the case in labour cpurt/Tribunal(If it is an insdustrial establishment)Issue a due Legal Notice to the Mangemnt with all th e above points. IN case you don't get a reply or if got not a satisfactory reply then approach Labour court/Tribunal.
Sainik Saha Choudhury 09 July 2017
G.L.N. Prasad (Retired employee.) 09 July 2017
Members replying in open forum can not decide without knowing facts and circumstances specific to your case.
If you have in your performance of duty allowed such credits with or without specific written permission and if the purchaser refuses to pay or if the company has to hunt for the all connections developed by you for credit sales, your sudden resignation may cause heavy burden on company.
If your duty is collection from clients, and if your performance disclosed that you have not collected amounts as per target, only at the time your resignation, your past performance surfacs. If it is on going, they may give chance.
Unless the version of employer in writing served to you is stated, you can not receive correct guidance. It is your version of things. How much is your Target, and how much you have received and what are complaints against you has to be seen. (Some agents collect the amount, and suddenly disappears misappropriating huge sums)
jyotirmaya behera (advocate) 09 July 2017
1st you have no sent a legal notice to that company. after 30 days you can file a case before labour court regarding non – payment of salary. Before filing of the case before labor court you have to satisfy that you are a workman.
Jyotirmaya Prasad Behera
Advocate, Orissa High Court
9132319262
Sainik Saha Choudhury 09 July 2017
Kumar Doab (FIN) 09 July 2017
It seems that your understanding is clear.
The company does not want to you to be out of office, highlight Nonpayment of Wages, and also do not pay as well, and deny FnF.
Te allegation of Non performance seems to afterthought and to effect termination on flimsy ground to render you unemployable.
1st thing 1st: Firm up your next venture ASAP and keep next employer and its attorney’s in Line Management/HR in confidence so that they absorb you on the strength of copy of resignation and its POD alone and does not force you for it’s acceptance/service certificate/relieving letter………….
Kumar Doab (FIN) 09 July 2017
Submit a clear communication to good offices of employer; appointing authority,MD,CEO................that your earned wages and promised amount have not been paid since dated.......................and you are facing acute hardships to manage your personal,social,family, professional obligations..............and have represented in office in person /by emails/phone calls etc on dated........................to Mr/Ms...................
Deny their charges in writing on merits.
Download your duties,KRA's SOP, performance date and figures etc etc ...........
Kumar Doab (FIN) 09 July 2017
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by
you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all
years, ESIC card,?
Kumar Doab (FIN) 09 July 2017
Visit/inquire from your colleagues/union leaders, well wishers, elders of the family and also at local Labor Court/CGIT, Civil courts,CAT, HC about a very able local senior counsel of unshakable repute and integrity specializing in Labor/service matters.
The seasoned employee's/trade unions leaders can also help you.
KS Johal 09 July 2017
Kumar Doab (FIN) 09 July 2017
If the employer has inserted notice period and notice pay in lieu of notice period in appointment letter then employee/employer can opt for it.
The service conditions in appointment letter shoud be in line with enactments applicable to employer/employee.
The enactments do provide for notice period and notice pay in lieu of notice period.
In your case if emloyer did not pay earned wages then it is unworthy of being employed with.
In such cases notice period may loose its sanctity.
The employee can not be expected to live on air.
Sainik Saha Choudhury 09 July 2017