Hi there,
I am seeking your advice after you have reviewed my case.
I started working as an Office Assistant for Rs. 1750 per month in a retail showroom on June 30, 2003, and eventually resigned as an Assistant Manager on February 2, 2009, in Coimbatore, Tamil Nadu. Despite my role being more clerical, I was involved in ISO implementation.
My employer began deducting ESI and PF contributions from October 1, 2003, until my resignation. I was unexpectedly transferred from one branch to another on January 1, 2008, without prior notice, where I continued until February 2, 2009.
The showroom operated all 365 days, requiring employees to work on holidays without any additional compensation as per regulations. The company allowed only 4 days of leave per month, and if 5 days were taken, they deducted 2 days' salary for the excess day.
Following my resignation, I highlighted the unfair labor practices of the company and requested a full and final settlement. However, the company deliberately withheld my last month's salary (January 1, 2009, to January 31, 2009), citing unauthorized absences, despite my prior leave requests. They issued a relieving order without any conditions on February 9, 2009.
My salary in January 2009 comprised a basic salary of Rs. 10,000, DA of Rs. 1000, and an incentive of approximately Rs. 1000 based on total sales. Although my official working hours were from 8.45 am to 8.45 pm with only a 20-minute lunch break, the company falsely recorded a 4-hour rest period daily without my consent.
Despite working 28 days in January 2009, including Sundays and national/festival holidays, except on January 14, the company only paid Rs. 9027 as my salary for the month without providing a detailed breakdown or payslip.
I have lodged a complaint with the labor officer in Coimbatore, but the company is disputing my right to do so as an Assistant Manager, claiming only workmen can file complaints. They also argue that I did not complete 5 years for gratuity due to a supposed resignation and rejoining, which I can prove otherwise.
During my tenure, I did not receive any pay slips or various entitlements such as CL, SL, ML, EL, or OT. Additionally, there were no allowances provided for night travel, and bonuses and gratuity remain unpaid.
I seek advice on calculating my final month's salary and gratuity entitlement. Can I claim compensation for unauthorized deductions and demand payment for working on Sundays, national/festival holidays, and NH?
I have evidence such as my application copy with manager and MD signatures indicating my date of joining, last year's bank statements, and the company's ESI/PF records showing a gross salary of Rs. 11,000. The company falsified records of holidays and employee sign-ins, misrepresenting sales and attendance.
The company never issued memos, suspensions, or any formal notices against me, as my record is clean. Despite being a prominent retail textile business in Tamil Nadu, their actions are questionable, as noted by labor inspectors.
I appreciate any guidance on how to proceed correctly with my case and whether additional evidence is necessary to strengthen my position. I can provide further details regarding the labor office complaint if needed.
Thank you for your anticipated assistance.
Regards,
Muthu
Email: thendralava@gmail.com
From India, Coimbatore
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3I am seeking your advice after you have reviewed my case.
I started working as an Office Assistant for Rs. 1750 per month in a retail showroom on June 30, 2003, and eventually resigned as an Assistant Manager on February 2, 2009, in Coimbatore, Tamil Nadu. Despite my role being more clerical, I was involved in ISO implementation.
My employer began deducting ESI and PF contributions from October 1, 2003, until my resignation. I was unexpectedly transferred from one branch to another on January 1, 2008, without prior notice, where I continued until February 2, 2009.
The showroom operated all 365 days, requiring employees to work on holidays without any additional compensation as per regulations. The company allowed only 4 days of leave per month, and if 5 days were taken, they deducted 2 days' salary for the excess day.
Following my resignation, I highlighted the unfair labor practices of the company and requested a full and final settlement. However, the company deliberately withheld my last month's salary (January 1, 2009, to January 31, 2009), citing unauthorized absences, despite my prior leave requests. They issued a relieving order without any conditions on February 9, 2009.
My salary in January 2009 comprised a basic salary of Rs. 10,000, DA of Rs. 1000, and an incentive of approximately Rs. 1000 based on total sales. Although my official working hours were from 8.45 am to 8.45 pm with only a 20-minute lunch break, the company falsely recorded a 4-hour rest period daily without my consent.
Despite working 28 days in January 2009, including Sundays and national/festival holidays, except on January 14, the company only paid Rs. 9027 as my salary for the month without providing a detailed breakdown or payslip.
I have lodged a complaint with the labor officer in Coimbatore, but the company is disputing my right to do so as an Assistant Manager, claiming only workmen can file complaints. They also argue that I did not complete 5 years for gratuity due to a supposed resignation and rejoining, which I can prove otherwise.
During my tenure, I did not receive any pay slips or various entitlements such as CL, SL, ML, EL, or OT. Additionally, there were no allowances provided for night travel, and bonuses and gratuity remain unpaid.
I seek advice on calculating my final month's salary and gratuity entitlement. Can I claim compensation for unauthorized deductions and demand payment for working on Sundays, national/festival holidays, and NH?
I have evidence such as my application copy with manager and MD signatures indicating my date of joining, last year's bank statements, and the company's ESI/PF records showing a gross salary of Rs. 11,000. The company falsified records of holidays and employee sign-ins, misrepresenting sales and attendance.
The company never issued memos, suspensions, or any formal notices against me, as my record is clean. Despite being a prominent retail textile business in Tamil Nadu, their actions are questionable, as noted by labor inspectors.
I appreciate any guidance on how to proceed correctly with my case and whether additional evidence is necessary to strengthen my position. I can provide further details regarding the labor office complaint if needed.
Thank you for your anticipated assistance.
Regards,
Muthu
Email: thendralava@gmail.com
From India, Coimbatore
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Dear Muthu, You can check with Labour Commissioner for further action and also you can file a case against your employer thro' an advocate.
From India, Mumbai
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From India, Mumbai
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Dear,
Represent your case through an advocate. You are considered a workman as per the ID Act based on your nature of duties. However, you are complaining about these things after resignation. Why were these concerns not brought to the notice of authorities earlier?
J.S. Malik
From India, Delhi
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Represent your case through an advocate. You are considered a workman as per the ID Act based on your nature of duties. However, you are complaining about these things after resignation. Why were these concerns not brought to the notice of authorities earlier?
J.S. Malik
From India, Delhi
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