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Irfan (executive)     13 January 2011

Last Month Salary is refused

Dear sir,

 

I have been working with a company since last 6 months. and at the time of the hiring they have given me offer letter which was not mentioning anything about notice period. so i resigned on 5th January without notice period. and now my HR manager is saying that as i have not worked for notice period he will settle my last month salary as a one month notice period.

He has Deposited my salary in my account as may be he was not knowing it that time. and cheque was rejected due to Name difference. he has stop payment that cheque and it is lying with me.

 

what kind of legal i can do??



Learning

 2 Replies

V. VASUDEVAN (LEGAL COUNSEL)     13 January 2011

Issue a Legal Notice under Section 138 of the NI Act. Approach a local lawyer to guide you in the notice process.

Kumar Doab (FIN)     15 January 2011

 learned membres have given their valuable suggestion.

You received offer letter at the time of joining.You must have signed your acceptance on the copy of offer letter. Usually offer letter i given to the selected candidate before joining to go thru "What is being offerred".After the acceptance of the offer appointment letter is issued.

After this did you receive appontment letter ? You are expected to sign the copy of appointment letter towards your acceptance, and submit your joining report and finally you are inducted in the company by the reporting authority or someone else, and induction report is prepare and a copy is given to the employee for record.

 

The employer himself has deposited your cheque in your account, and you noticed the difference in name and hence reason of rejection of payment after  banking of the cheque, and upon receiving the memo from the bank.The approach of the employer/competent person ating on behalf of the employer i.e HR Manager is cunning,intended to deceive,vindictive,and to deprive you of your salary in time.

As per you  employer stopped the payment of the cheque due to difference in name.The employer is suppossed to issue intrument of payment of salary in correct name.Without any prejudice you  have the right to traet employer under debt to you.

You can and you should  obtain copy of payment deposit voucher from bank, using your resources or by writing a letter to the Bank Manager under acknowledgment.

Your lawyer shall be able to do best for you.

 

 


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