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Gaurav Srivastava (Business Development Executive )     17 July 2012

Not paying salary

Dear Sir

Greetings!!!

This is Gaurav Srivastava ,I  worked with Anuva Technologies, Pune during (9th April 2012- 1st June 2012 ) as Business Development Execuyive. On  1st  June 2012 suddenly Mr Arnab  "Business Development Manager" and Mr Shailesh "HR Manager "  terminate me without  any notice period  .And Mr Arnab and Mr Shailesh committed me you will get salary of May 2012 with 30-45 days time .I request him so many times why you are terminating me ,please give me time because i knew that one of my  project is about to come on with 5-6 days . But they haven't listened single word,

Till that day i am in touch with HR (Shailesh and Ketaki).Mr Shailesh commit me that you will get  salary before 15 July 2012.  When i called today for salary sudden Ketaki told me you will not get any salary I asked why earlier you commit me for the same and now you are saying that ,Then i reached office for same and words with Mr Shailesh he told we will not give you salary what ever you want you can do it

Before that I was working with India Mart Intermesh Ltd I gave notice period there to join this company but this company terminate me without any notice period because of this company i was unemployed for one month and now they are not giving me Salary of May Month 2012


Sir its my heartly request please help me in this case i belongs to very poor family i have to pay my education loan on monthly installment ,Let you know one thing here I borrowed money because i havent got salary of May and June and I commited them i will pay you on mid of July as i got the commitment from my company ,

I am only the responsible person here in my family, i living here with my  mummy and brother ,please understand my Financial  problem,

Looking forward for your response.


Thanks and Regards
Gaurav Srivastava
Mob:-08237821381



Learning

 6 Replies

V. VASUDEVAN (LEGAL COUNSEL)     17 July 2012

Please meet the local labour authoirities and lodge a written complaint. As per the Bombay Shops & Establishment Act and the Payment of Wages Act, they can enquire and initiate action against the Employer. You can file this on your own with the supportings available.

Vasudevan

Kumar Doab (FIN)     17 July 2012

Mr. Vasudevan has given valuable advice. Kindly follow it.

Next time you meet them take a witness along with you and record (audio/visual) their statement that no payment of dues shall be made to you and services shall not be reinstated.

You may contest the order of termination if you wish.

Demand to let you examine your personnel file.

If they resort to any threat you may lodge a police complaint as well.

Gaurav Srivastava (Business Development Executive )     18 July 2012

Mr. Vasudevan


Thanks for your advice

Yesterday I got the mail for that companiy's HR are as follow:-

 

Hello Gaurav,

 

Kindly see the clause no. 4 under Separation in your offer letter which you have signed with Anuva Technologies.

According this clause after your termination on 31st May’12, company is not being liable to pay anything to you.

 

This is the last communication from company’s side. No further queries, mails or meeting requests will be entertained.

 

 

Regards

Shailesh Banaeet

Manager - Human Resources

Anuva Technologies

Pune

Kumar Doab (FIN)     18 July 2012

Mr. Vasudevan has given valuable advice. Kindly follow it.

As company has initiated termination company has to pay salary for May.

You may refer to clause no. 4 under separation of your appointment letter cited by HR. It is believed that company has terminated without leveling and charges and conducting any inquiry.

If workable at your end you may attach a copy. You may erase the names etc to maintain confidentiality.

You may also refer to Bombay Shops and Establishments Act, 1948 applicable to your state;

Chapter: Miscellaneous and Supplemental

Section 66: Notice of termination of service

No employer shall dispense with the services of an employee who has been in his [continuous employment] -

a) for not less than a year, without giving such person at least thirty days notice in writing, or wages in lieu of such notice:

b) for less than a year but more than three months, without giving such person at least fourteen days notice in writing, or wages in lieu of such notice:

c) Provided that such notice shall not be necessary where the services of such employees are dispensed with for misconduct.

[Explanation - For the purposes of this section, "misconduct" shall include -

a) absence from service without notice in writing or without sufficient reasons for seven days or more; 

b) going on or abetting a strike in contravention of any law for the time being in force; and

c) causing damage to the property of his employer.


Attached File : 642111630 bombay%20shops%20%26%20establishments%20act%201948.doc downloaded: 135 times

Gaurav Srivastava (Business Development Executive )     18 July 2012

Hello Vasudevan


Thnaks for your respons and time

 

Let me know onething here ,Will labour cour charge any fees for that ? or I have to Hire any Lawyer because I am not in condition to pay anything ,Hope you understand my problam

 

Regards

V. VASUDEVAN (LEGAL COUNSEL)     21 July 2012

You may write a simple application/complaint in plain paper and meet the Labour Inspector. You may have to visit a couple of times and wait. No need of engaging any lawyer or  legal draft.

Vasudevan


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