A Manager Working in a Private concern was asked to resign by the management , and as instructed the Manager also resigns and asks for his pending salary, The management even after 20 days from the ordinary pay day, has not given him the payment, What is the remedy for the manager to get back his salary.
From Netherlands
From Netherlands
Dear Amadhan72,
Management should hold impugn to such pestering employees to resign. Guilt may be intentional or unintentional, but once the employer has decided to terminate his services they should releive him with Full & Final Settlement. Now it is understood a dispute, henceforth, the employee has to have de rigueur material (emails sent to management regarding his salary, any letter provided by the employer stating his relieving, his salary drawn till month, date of duties attended etc) by which he can send a a letter asking them to release your F&F in a Registered post with AD. The acknowledgement speaks it all. For redressal, the employee may approach a Labour Commissioner's office located of the area close to the palce of employer. The person shall be given an application where compulsory information has to be furnsihed with all the documnet copies related to the employer (along with the AD letter). The Conciliation officer will visit the management and speak to them to redress grievance. Most of the cases in which I've seen, they are 85% of resolved cases.
Farthest point is the Manager can simply find another job if he has rest of the certificates (relieving, experience etc.) instead of showing grievance against the company.
Points to dredge up:
- Any employee when "ASK TO LEAVE", she/he has all rights to question the employer instead resigning sightlessly. It is out of ordinary terms if the Manager isheld responsible for any activity against his terms in employment.
- A nominal research whether such assertion is only made to him or any other employees filing complaints against the said employer.
- Decide whether you want to go leagal for any punitive damages caused to you for an intentional termination -- Be a best judge yourself.
From India, Visakhapatnam
990Management should hold impugn to such pestering employees to resign. Guilt may be intentional or unintentional, but once the employer has decided to terminate his services they should releive him with Full & Final Settlement. Now it is understood a dispute, henceforth, the employee has to have de rigueur material (emails sent to management regarding his salary, any letter provided by the employer stating his relieving, his salary drawn till month, date of duties attended etc) by which he can send a a letter asking them to release your F&F in a Registered post with AD. The acknowledgement speaks it all. For redressal, the employee may approach a Labour Commissioner's office located of the area close to the palce of employer. The person shall be given an application where compulsory information has to be furnsihed with all the documnet copies related to the employer (along with the AD letter). The Conciliation officer will visit the management and speak to them to redress grievance. Most of the cases in which I've seen, they are 85% of resolved cases.
Farthest point is the Manager can simply find another job if he has rest of the certificates (relieving, experience etc.) instead of showing grievance against the company.
Points to dredge up:
- Any employee when "ASK TO LEAVE", she/he has all rights to question the employer instead resigning sightlessly. It is out of ordinary terms if the Manager isheld responsible for any activity against his terms in employment.
- A nominal research whether such assertion is only made to him or any other employees filing complaints against the said employer.
- Decide whether you want to go leagal for any punitive damages caused to you for an intentional termination -- Be a best judge yourself.
From India, Visakhapatnam
[B]Dear ALL ,
Regular follow up every 15 days ,through Mails addressing to the Management with an CC copy to HR & Accounts department for future proofs.
Regular Call to HR & Accounts for knowing the status , if receiving or not receiving the response through either mail from the Company .
Keep the xerox copy of the Exit formalities with you which are duly signed by the each individual department against the handing over the office property , hence they would not be any sort of Manipulation in the document .
Take the Reliving letter from the company before leaving the office permisses .
Thanks & Regards
SAI
From India, Hyderabad
Regular follow up every 15 days ,through Mails addressing to the Management with an CC copy to HR & Accounts department for future proofs.
Regular Call to HR & Accounts for knowing the status , if receiving or not receiving the response through either mail from the Company .
Keep the xerox copy of the Exit formalities with you which are duly signed by the each individual department against the handing over the office property , hence they would not be any sort of Manipulation in the document .
Take the Reliving letter from the company before leaving the office permisses .
Thanks & Regards
SAI
From India, Hyderabad
Ms Sharmila, The manager who is not a workmen cannot approach Conciliation officer.If his salary is above Rs 18000/pm he won’t get the benefit of POW Act also. Varghese Mathew 9961266966
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Preeti;
POW Act has provision for recovering wages if not paid.But it is not applicable to wages above Rs 18000/-pm ie to persons drawing more than that salary.Such persons cannot take action against the employer as per Labor Laws.Similarly managerial people also will not get the protection under most of the labour laws except,gratuity,PF,bonus Factories Acts.Only remedy available to them is civil courts if there is a violation of contract by employer.
VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
POW Act has provision for recovering wages if not paid.But it is not applicable to wages above Rs 18000/-pm ie to persons drawing more than that salary.Such persons cannot take action against the employer as per Labor Laws.Similarly managerial people also will not get the protection under most of the labour laws except,gratuity,PF,bonus Factories Acts.Only remedy available to them is civil courts if there is a violation of contract by employer.
VARGHESE MATHEW
9961266966
From India, Thiruvananthapuram
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