Dear All,

I was trying to get some help in my case and then came across this forum, and it's a great platform for HR/Management/Employee/Employer.

Following is my Scenario:

I got a job from a resource outsourcing organization, let's call it ABC Consulting - A. I was required to work at an Indian MNC - one of the Top 3 IT companies - M. I joined and started working as a contract employee at M. After working for 1.5 months, I got a permanent job at another MNC. Since I was a contract employee at M, I decided to join the permanent position and resigned at A, keeping managers at M in the loop. I clearly mentioned that please consider this email as the start of my notice period of 30 days.

A asked me to submit all the timesheets and complete the formalities. I completed the formalities and surprisingly got released in 3 days, although I was ready to serve the notice period.

Please note that I wasn't paid salary in the first month due to the Manager at M being on leave.

Since then, I have been following up with A for my salary, but they - A kept on telling me to get my timesheets approved. I tried contacting M, but they asked me to contact my employer A.

I have asked "A" multiple times through emails and calls, but they kept on saying that my Timesheets are not getting approved by M and hence withholding my salary and notice period payout.

It's been more than 4 months, and still, I did not get any positive response. I request the forum members to suggest what I shall do now.

Let me know if there are any open queries that I might have missed.

Your help is needed, please.

Thanks,

Shankar

From India, Hyderabad
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Since you have not received one month's salary despite giving them notices (in emails, which I assume are official emails), you now have to either send a legal notice through a lawyer (which may prompt them to clear the dues immediately to avoid further hassle) or approach the appropriate legal forum. Depending on the nature of your employment, the nature of your company, the strength of employees, your salary, etc., the appropriate forum can be determined. It is advisable to consult a lawyer for this purpose. Please be aware that engaging in a legal battle is time-consuming and expensive. Therefore, you should carefully consider whether it is worth pursuing legal action for just one month's salary.
From India, Kolkata
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Hi Ritesh,

I understand that it's for 1 month. Can there be an effective way to get the salary and FnF? Would it be fine if at least a legal notice is sent from the Labor Court? It may make them feel the pinch, or something like warning them of spreading this thing on social media.

I have all the relevant documents such as the Offer letter, Deputation letter, Resignation emails, Release email, and Timesheets.

Regards,
Shankar

From India, Hyderabad
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Court cannot send any legal notice. The court can only send a summons to the company asking them to appear before the court and defend themselves. Before approaching the court, it is always advisable to give a legal notice to the company stating your grievances and seeking relief. This legal notice is given by a lawyer, not the court.

Even under labor laws, salary can be recovered under different Acts. Please note that different forums are there for different Acts, although all these Acts fall under labor laws. Therefore, it is essential to have all details related to your employment.

From India, Kolkata
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I worked in a real estate company, "Favista," in Gurgaon from May 2016 to August 2016 as a Sr. Relationship Manager. I was appointed to the Bhiwadi team at Favista. I joined on 1st May 2016, but they did not provide me with an offer letter or a joining letter. The company has not paid my salary for the last 3-4 months. When I ask for my salary, they give excuses that they will pay in the next month. The company has not established any HR rules but is attempting to extract work from us in various ways. It was simply a waste of my time and position at Favista.com. Can someone please suggest what I should do? Are there any laws protecting employees' benefits?
From India, Gurgaon
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First send a notice/ legal notice demanding the outstanding salary immediately under speed/ registered post before knocking the doors of the Court.
From India, Kolkata
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