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search9999 (aaaa)     29 April 2011

last working day

Hi i have given notice for resignation on 2nd april 11 to HR head.

Notice period is 2months which i am serving.April and May is notice period.

 

My question is ;

1.HR has held March 11 salary and they say that they need my last working day date to proceed for releasing march 11 salary .Who will give last working date to me--immediate supervisor  is not ready to discuss  --i cant decide on my own .

 

2.Tentatively if i complete full notice period my last working day will be may 30th.

  In case company do not give last working day intimation ,or give relieving letter.

what can i do to get relieving letter and my march , april and may salary.

 

3.Is holding march salary legal if April and may is notice period.

 

4.If i am not in mumbai or india after i file a case can i assign it to my wife to follow the case.

 

thanks and regards

 

thanks in advance to you for giving directions.



Learning

 3 Replies

V. VASUDEVAN (LEGAL COUNSEL)     30 April 2011

It is illegal. Issue a Letter demand for March and April Salary. Usually for full and final settlement, the recent month's salary is held for adjustments/recoveries and issue as a one cheque. Even this should be completed within 15 days max, from the date of relieving. If the Notice is period of two months is served, by no standard a company is justified in holding this. Nowadays, certain HR juniors blindly follow procedure for their own convenience rather than compliance with law and bring this to the higher authorities notice. March salary should have been disbursed latest by APril 7/10th.

Vasudevan

Kumar Doab (FIN)     30 April 2011

Learned Mr. Vasudevan has given valuable advice and made the matter crystal clear.

You may send the letter under acknowledgment to appointing authorty, MD and COMPANY SECRETARY, and mention that your impression is that conduct of concerned HR employee is not just , right and is unfair while the salary should have been disbursed and made available to you by ( actual date of payment as to other employees in company). If you feel it approriate you may add as deemed fit that although you have worked but your wages have not been paid and hence you need to borrow/ suffer loss by exhausting your reserves which could have given you return on investments.

You may shake them or stir.

If you fall within the category of workman you can lodge greivance with labour inspector. 

V. VASUDEVAN (LEGAL COUNSEL)     01 May 2011

In case the management does not respond, you can ffile a complaint before the Labour Inspetor/Commissioner under the Shops & Commercial Establishments Act. For this remedy, you need not be a workmen and even employees are covered by the S&E Act.

vasudevan


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