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Amrita   22 March 2016

Not getting salary after braking notice period

I was working in private IT company for 2 years. But because I was not getting salary from sep 2015 to dec 2015 i resigned from company. I had signed a bond of 6 months and it was goint to end on 31st december 2015.

But before that I resigned on 20th december. my notice period is of 45 days but as I had to join my new job immidiately so I broke notice period before 45 days in jauary 2015. I left company after completing my bond of 6 months.

Now they are saying that I have to pay Rs. 55000 of bond breaking charges as I have not completed notice period. It is not written in my offer letter and bond documets about this action.  They will not pay me for the month january as I have not completed notice period.

Now they are also saying I had many unintimated leaves so that will be also deducted from remaining balance. I dont have any proof now as we had oral communication for the leaves.

I have not got salary of 4 months and 15 days.

Please suggest me what can I do in this case??



Learning

 6 Replies

Adv. Yogen Kakade (+ 91 9225510883)     23 March 2016

Send a legal notice to the copmpany mentioning the facts and also to recover your due amount of salary. Send the copy to the office of the Comm. of Labour of your city.

 

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in   Call: 020-65248888

Kumar Doab (FIN)     23 March 2016

There are many IT/ITes employee's unions and have affillaited with Trade Unions.

There are female IT/ITes employee's unions, as well.

Take their help.

 

It shall be certainly better if you let your bale labor law consultant to draft/structure your representations.

Amrita   28 March 2016

Thank you for the reply.

can you please tell is there any dution criterio  to send legal notice to the company after leaving  the compay.

Also what to do if they claim that I have taken untintimated leaves which I have not taken. We had oral communtion and my all leaves were sanctioned by the manager.

 

Kumar Doab (FIN)     31 March 2016

If you are covered by the def. of 'Workman' as in ID Act then there is no limitation to approach the tribunal.

Unpaid wages are debt on employer and there is no ceiling.

 

However why to delay.

 

It is a custom to intimate the urgent leave by phone and bosses approve.

At the most compnay may mention leave in sdalary slip and compute EL,earned wages, leave on LOP, etc in FnF sttaement.

 

 

Amrita   12 April 2016

I have recieved this reply reom the company.

 

As per discussion with management ,No outstanding salary is remaining. I had received your resignation on 21st Dec. 2015, Before completing the bond, which  was completed on 31st Dec 2015. In resignation you were  mentioned  for 45 days notice period, which was not completed by you. Because of that company face the  lots of problems. as per the discussion you was relieved on the basis that no outstanding amount is due.

I have a doubt if one can give resignation  before completing the bond and serve notice period for the remainig days ? does it break the bond ?

 

 

 

Kumar Doab (FIN)     13 April 2016

You have posted that;

 

---" It is not written in my offer letter and bond documets about this action. "

You may cite it.

---" because I was not getting salary from sep 2015 to dec 2015 i resigned from company.'

This makes the employer unworthy of being employed with.In such cased the notice period/pay should loose its sanctity.

You may show all docs on record to an  able labor law consultant to draft/structure your representations.

 


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