Hello Everyone
I am facing an issue, whicg i would like to discuss here, I have left the company on 6th June 2013 and in the same year i was promoted to the rank of Deputy Manager w.e.f. April 2013 and have also received my performance assessment rating for the year 2012-13.
But till the time, i was on the payrolls (i.e, June 2013) the pay-scale revision was not announced for the year 2012-13 but only announced somewhere in July and with arrears of the impending months, i.e. I have not received the increased amount and promotion appraisal for those months.
As far as i understand i am entitled to receive the same for the months of Apr, May and June .
can anyone please guide me about my problem, as company is saying it part of there policy to not to give.
Please help.
From India, Delhi
I am facing an issue, whicg i would like to discuss here, I have left the company on 6th June 2013 and in the same year i was promoted to the rank of Deputy Manager w.e.f. April 2013 and have also received my performance assessment rating for the year 2012-13.
But till the time, i was on the payrolls (i.e, June 2013) the pay-scale revision was not announced for the year 2012-13 but only announced somewhere in July and with arrears of the impending months, i.e. I have not received the increased amount and promotion appraisal for those months.
As far as i understand i am entitled to receive the same for the months of Apr, May and June .
can anyone please guide me about my problem, as company is saying it part of there policy to not to give.
Please help.
From India, Delhi
Dear Gaurav,
Have you spoken with the HR Department? What is their take on the payment of arrears to you?
After speaking to them, I recommend you sending them your application by Registered Post/AD. Preserve the receipt from India Post carefully. By the way, have you got "No Due cum Employment Certificate" from them? Do this only after receiving this certificate.
If no reply is received or reply was not to your satisfaction, you may write letter to MD with the same procedure above.
If still no reply is received or reply was not to your satisfaction, you may send lawyer's notice.
Further your lawyer will guide on what to do.
Nevertheless, before approaching your lawyer, it would be pertinent to keep your current employers informed. You may take advice of your current HR as well. I say so because your current HR or employer should construe negatively your legal fight with your previous employer. Secondly, views of your current employer apart, following course of litigation means, spending your time in making numerous rounds to the labour court. Are you prepared for that?
Come back after 2-3 months and confirm how did you handle this issue.
All the best!
Dinesh V Divekar
From India, Bangalore
7884Have you spoken with the HR Department? What is their take on the payment of arrears to you?
After speaking to them, I recommend you sending them your application by Registered Post/AD. Preserve the receipt from India Post carefully. By the way, have you got "No Due cum Employment Certificate" from them? Do this only after receiving this certificate.
If no reply is received or reply was not to your satisfaction, you may write letter to MD with the same procedure above.
If still no reply is received or reply was not to your satisfaction, you may send lawyer's notice.
Further your lawyer will guide on what to do.
Nevertheless, before approaching your lawyer, it would be pertinent to keep your current employers informed. You may take advice of your current HR as well. I say so because your current HR or employer should construe negatively your legal fight with your previous employer. Secondly, views of your current employer apart, following course of litigation means, spending your time in making numerous rounds to the labour court. Are you prepared for that?
Come back after 2-3 months and confirm how did you handle this issue.
All the best!
Dinesh V Divekar
From India, Bangalore
I would disagree
You will not get this amount and the litigation would be a waste of time and money.
The company is free to increase salary of any person working for it or not it.
There is no law requiring it to be done. There is no law saying that annual increment must be paid or thet it has to be paid with effect from a certain date. It is the decision and wish of the commonly to do so or to do it with effect from a particular date.
You have resigned.
The company is not bothered with you once you have resigned.
They know you are not going to stay. So why will they give you increment which is basically a tool for retaining people they want.
The only difference would be :
A. If they have given you a letter saying your salary is revised
B. That it states that your revision is with effect from a certain date
C. That it will be paid with arrears.
Even if you had that letter, the company can refuse to pay it.
HR has already informed you that they will not pay.
I doubt if MD will say anything different
From India, Mumbai
You will not get this amount and the litigation would be a waste of time and money.
The company is free to increase salary of any person working for it or not it.
There is no law requiring it to be done. There is no law saying that annual increment must be paid or thet it has to be paid with effect from a certain date. It is the decision and wish of the commonly to do so or to do it with effect from a particular date.
You have resigned.
The company is not bothered with you once you have resigned.
They know you are not going to stay. So why will they give you increment which is basically a tool for retaining people they want.
The only difference would be :
A. If they have given you a letter saying your salary is revised
B. That it states that your revision is with effect from a certain date
C. That it will be paid with arrears.
Even if you had that letter, the company can refuse to pay it.
HR has already informed you that they will not pay.
I doubt if MD will say anything different
From India, Mumbai
I also second Banerjee, the company has promoted you in Apr 2013, then to you have left the company within 3 months of your promotion, and now you want the salary hike. Most of the company hike the salary to retain/sustain the employee, matching the salary prevailing in the market for the designated job profile. If the employee is no more with the company the employer is not bound to pay the hike.
One question to be asked is, if the salary hike is more than what the salary you are drawing now, would you leave the existing job and rejoin ??? If not then why the fuss.
Last but not the least for a meager amount would you like to hire a lawyer and waste your time and money for this hike ???
Think over before act, that's what we can suggest.
From India, Ahmadabad
One question to be asked is, if the salary hike is more than what the salary you are drawing now, would you leave the existing job and rejoin ??? If not then why the fuss.
Last but not the least for a meager amount would you like to hire a lawyer and waste your time and money for this hike ???
Think over before act, that's what we can suggest.
From India, Ahmadabad
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