LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

suhas   24 December 2015

Salary not paid

Hi All,

I want to know if i worked xyz company and they provide me only offer letter.

I have submitted offer letter to company HR with my signature and that letter company mentioned one condition ( IF you want to leave give 2 month notice period.)

After to work 10 to 15 days when i asked company HR for salary they told me salary time is not fixed they credited salary after 20 and this also not fixed. In the time of interview they not inform me salary disbursement detail. That why i put resignation to company HR and they not provide work profile as my pervious experience. I had work this company 24-09-2015 to 30-09-2015.

After servel followup with company HR & Director they not given my one month salary.

In this case what should I do legal way.

 

 



Learning

 5 Replies

Kumar Doab (FIN)     24 December 2015

Offer letter is issued after selection and after acceptance of offer, and upon joining appointment letter is issued.

The payday is fixed as per various enactments applicable to establsihsment..........e.g. 7th/10th of the next month.

 

Thenotice period  is fixed/governed  as per various enactments applicable to establsihsment/employer/employee..........................and may not be more than max.30days in your case...........................and NIL for  period of service of say 7 days.

 

The employee can lodge a complaint the momment the payment of earned wages is delayed even by a day, and employer can be penalized, say Rs.7500/instance.

 

The employer that does  not pay wages  commits breach and is unworthy of being employed with.

 

Are you a member of employee's/trade unions?

What is your designation and nnature of duties?

 

You are located in which state?

What is this establishment: Commercial, Industrial?

How many persons are employed in it?

 

Have you submitted anything in writing under proepr acknowledgment and has employer replied in writing?

 

suhas   24 December 2015

Dear Sir,

Thanks for revert

i am not member of union. I am staying in mumbai my designation is Compliance executive

and company in to hospitality industry name is Rare Hospitality Pvt Ltd and employee count is 5000.

I had sent resignation mail but they not given any reply on it.

 

Siva   24 December 2015

Hello Sir,

I am Siva Sankar Metuku. Previously I worked for VedicSoft India pvt ltd, Hyderabad.( deputed to Tech Mahindra, Pune) from Aprl 2015 to July 2015. I got salaries properly but they hold shift allowances for 2 months(May and June).Toltal pending amount is 17,000/-. I had talked to them so many time and I drafted mail with reminders. I had all the documents related to approval from TechM manager for shift allowances and also had mail chain drafted to vedicsoft finace dept employees with manager. I was relised from  that company as proper process. So, please suggest how can I get that pending amount.

 

Regards

Siva


Attached File :
  • downloaded: 200 times
  • Kumar Doab (FIN)     24 December 2015

    @ Suhas,

    You have posted that: "I had work this company 24-09-2015 to 30-09-2015.

    After servel followup with company HR & Director they not given my one month salary.'

     

    You have not worked for 1 month as per details posted by you.

     

    You should better be member of Unions.

    Then unions shall take care of your issues.

    Otherwise you are to be paid for each day you have worked.

    You may check if the establsihment is covered by Bombay Shops & estbs Act and you are covered by the def. of 'Employee' in it.

     

    If yes you may look into: Sec:38-B,66

    The notice period for 7 days or even 30 days of service is NIL and standing orders may also apply.

    If covered you may approach Inspector appointed under the Act and Payment of Wages Act, O/o Labor Commissioner,...........................

     

    If you are unable to resolve entrust to your lawyer.

     

     

     

     

     

     

     

    Kumar Doab (FIN)     24 December 2015

    @ Siva,

     

    IT/ITeS companies are covered by Shops & estbs Act..........................and there are IT/ITeS employees unions that have also affilliated with Trade Unions like CITU/INTUC/AITUC/BMS etc.............

     

    In Maharashtra trade Unions have traditionally been strong.

    Shiv Sena also floated a wing for IT employees.

     

    Since you were located at Pune, you might be  covered by Bombay Shops & estbs Act and you might be covered by the def. of 'Employee' in it.

     

    If yes you may look intoprovisions of the Act and  you may approach Inspector appointed under the Act and Payment of Wages Act, O/o Labor Commissioner,........................... If you are unable to resolve entrust to your lawyer.


    Leave a reply

    Your are not logged in . Please login to post replies

    Click here to Login / Register  


    Related Threads


    Loading