Anuj Shah (Sales Engineer) 15 May 2012

Wrong salary commitments and no appointment letter

Dear Sir,

I joined one company as a sales and marketing executive accepting an offer mentioning"Your Total remuneration would be 25000/- which includes base salary + travelling + mobile + hotel stay + Petrol/diesel expenses."

No other terms and condition were mentioned in offer letter.

I was not provided appointment letter after my joining, I asked for the appointment letter 5-6 times but they did not provided me by making some excuses like the "letter is ready but needs to be signed by managing partner"

Even they did not bother to ask for any documents from my side.

I received my first salary cheque of Rs 4819 of 12 days without pay sleep, when I asked for the explaination they replied that your basic salary is 15000 and expenses are Up to 10000 which needs to be claimed on actuals.

there was no travel policy for the expenses given by the company, after a month i received salary of 14,800 without pay sleep and expenses of 42 days Rs 3313 on actaul basis.

Till date they did not provide me an appointment letter mentioning salary structure and other terms and conditions.

I finally resigned from that company after completion of an another complete month with one day notice as I was not provided an appointment letter stating a notice period.

The company is denying to give me my last month salary Rs 14800 and expense of Rs 3810 which I worked for.

On the day of the resignation they asked me to get out of the office and never to come again, Even they are not replying emails and they are humilating me on phone while I asked for salary and expense settlement,

The company is holding a distributorship of a Multinational Company.

I have all the supporing documents eg (offer letter stating salary of Rs 25000, photo copy of salary and expenese cheque and emails sent by me to the company)

Can you please provide how can I take this matter legally or any alternative solution to get clear my dues?

Thanks & Regards

Anuj Shah

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4 Replies

Anjuru Chandra Sekhar (Advocate ) 15 May 2012

You can file criminal case U/s.420 IPC and/or Suit for recovery of salary eligible for in a Civil court.

Anuj Shah (Sales Engineer) 15 May 2012

Thank you for your valuable response sir.

Can local labour and employment comission help me in this matter?

Kumar Doab (FIN) 15 May 2012

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

It is believed that you were not suervisor/manager and no one was reporting to you.

It is felt that you have the option of lodging complaint with, O/o Labor Commissioner, Wages Inspector.

You may go thru SE act applicable to your state and the act may include issuance of appointment order, service certificate.

You may plead no appointment letter citing conditions of termination, notice period, notice pay was issued and hence no notice period was issued to you.Your service were never confirmed.

You may seek help from elders in the family, competent and experienced well wishers, experienced union leader, trained legal mind, labor consultant/lawyer to structure your representation.

The ceiling on monthly remineration also indicate that even if actual expenses inocurred while on job are more amount above Rs.10000/ shall not be refunded.

Valuable advice of learned experts/members is sought.

Payment of Wages Act, 1936

The Payment of Wages Act, 1936 applies to every person employed in a factory or a manufacturing unit to employees who earns less than Rs. 16,000 a month. It is a central legislation which has been enacted to regulate the payment of wages to workers employed in order to ensure that employers do not engage in illegal deductions and/or unjustifiably delay in paying wages to them. It applies to the persons employed in a factory, industrial or other establishment even if one is employed through a sub-contractor.