I Have not Received Salary so Decided to Left

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.

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.

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.

Dear Madam, Thanks for the update. I prefer to hire a lawyer in this case. Because of the limited knowledge, limited time etc. Can you please suggest tentative fees, approximate time taken.

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)

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

OK Sir. Till Date I have not received any official communication about my non performance over mail.. The day I have submitted my resignation they forced me to recover the payment from client unless salary due will not be settled. In my offer letter it was written as fixed salary and performance bonus for timely completion of project. If my work is not up to satisfactory then either they should issue me a memo or hold my performance incentives.. But how they can hold my fixed salary. Also they have kept our certificates, that they may use to negotiate with them. For other employees also they kept it for long time, after sucessfully relieving.. How to deal with such company.

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………….  

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 ...........

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,?

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.

You need to look at the contractual employment obligation that you have undertook with the company, only then you will stand a chance off getting it your way.

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.

 

Thanks to all for your guidance.. Can you suggest any lawer / contact from Mumbai so that I can take it to further level after submitting all the required documents.. I am submitting the letter by suppressing the name and company in public forum, I got from my employer and suggest further please.............. Read from bottom....




Subject: Re: Resignation Letter

To: sainik saha choudhury


Hi Sainik, You are making your exit critical & running out of your responsibilities. Delay of salary is happened because you have failed on project closure commitments for which you have apologize to management many times. As conveyed by management, you are responsible for the closure of the project in turn payment will be released automatically. Now your exit matter will be processed as per your offer letter issued to you by the organization.

Regards, HR On Fri, July 7, 2017 8:28 am



Sainik Choudhury wrote: > > > > > >

Dear Sir / Madam, Yes, I will do my best to get the balance payments from Metropolitan, but like to mention few things. After my Posting at Metropolitan more than 10+ Lakhs of payments has been received. I have started reporting at Metropolitan from 17th May. So two months period not at all completed. Salary also not been paid for the month of May and June.

Conveyance allowance also has not been reimbursed since 17th May. I have already sent mail in this regard. I have already sent mail by mentioning List the pending points in Metropolitan. Please allign someone to get the Pending things done.

Lastly, I request you, please don't link recovery of payment with my relieving. Please allign someone for Project related Handover.


Thanks & Regards

Sainik Choudhury

Sr. Project Manager

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From: HR > > > > Sent: Friday, 7 July, 1:28 pm > > > > Subject: Re: Resignation Letter > > > > To: Sainik Choudhury



Hi Sainik,
You have been deputed at Metropolitan stock exchange to complete the project in 2 months. Project is not yet completed because of which payment is also stuck. As soon as we receive the payment from Metropolitan, we will start your relieving process.


Regards, HR On Fri, > July 7, 2017 11:39 am,



Sainik Choudhury wrote: On Fri, > July 7, 2017 10:39 am,



Dear Sir / Madam,

As per our discussion, I, Sainik Choudhury working as a Sr. Project Manager, like to inform you that, I wish to resign from Velox . During this period I will do my work with Sincere > efforts. I request you to consider my request and relieve me at the earliest. Kindly align someone as my reliever , so that  I can handover my work responsibility. Please acknowledge this resignation letter and let me know the tentative date of relieve so that I can plan accordingly.


Thanks & Regards Sainik Choudhury

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