HI, I am currently going through a very disturbed phase where i am unaware to approach the right people with very little knowledge that i have on the legal aspects in terms of HR. I joined in a HR Consulting firm in Feb 2008,as a recruitment manager.due to some personal issues(cant be disclosed)i sent a resignation letter(official id sent a mail) in Aug last week to my reporting manager stating the reason for leaving the company.I had also mentioned clearly that i will be serviing the required notice period of 15 days.Immediately after reciving the mail i was called by the CFO of the company(to my surprise) for talks and when i explained the circumstance of leaving,i was told that i neednt have to serve the notice period since i had some holiday which i had not claimed.And when asked now how to go about with the exit from the company i was told that since it was a saturday the HR was not avilable.and was mentioned that i will have to come down for an exit interview when requested by the HR.This was on the 29th of Aug.i waited for a week and in the meanwhile i checked with my salary which was not credited.Seeing this i called the HR and tried to figure out why it was not credited.I was shocked to hear that the company felt i was not loyal and that my salry will not be credited on this basis.Offlate month on month they were also deducting Rs.5k from my a/c stating other deductions,when questioned about it they mentioned its for car lease & tht it wud be refunded when i leave the organisation. Now i have been trying to meet them personally for which they dont give the permission,and now its Dec they have still not credited my salary. I would please and sincerly request any one of you to guide me on what to do. Regards.
From India, Bangalore
From India, Bangalore
You being an employee coming under management category cannot find any provision in the Labour Act to get your unpaid salary. In your case, it is better to take up the matter with your company personally only. Having deducted an amount of Rs 5000 on a monthly basis you can claim that amount also. Otherwise, send a legal notice asking to settle the dues. Regards, Madhu.T.K
From India, Kannur
4249From India, Kannur
Respected Sir, I really thank you for that intiative from your side.Sir but to be more specific.i have reached the management personally the people behind this organisation and they have put forward to me that i can do whatever that is possible from my end and that it would not affect them since they havve a very strong contact in the society and that no legal aspects will work against them.Also to mention every month the PF has also been deducted.. Sir,would need your guidance on how to go about with the legal affairs- do i have to hire a lawyer?Being frank i have approached the labor commissioner but nothing seems to work maybe as per your guidance the legal affair is the only way out. Kindly guide. Regards.
From India, Bangalore
From India, Bangalore
Since personal talk is over it is now time for you to approach the Labour Officer and submit your complaint in writing. If your complaint is rejected stating that you belonged to managerial staff and your salary exceeded Rs 10000 or so on, you can approach civil court. If it is maintainable in Labour Court or Labour Office itself then it is well and good that you need not appoint an advocate, you can present your case by yourself. Therefore, to start with file a complaint with the Labour Officer. Regards Madhu.T.K
From India, Kannur
From India, Kannur
Sir being upfront with you i was drawing 4.2lakhsP.A.and sir,with labour officer is the office in bangalore?. Regards.
From India, Bangalore
From India, Bangalore
You may approach Newspaper and give a press note in one way. So that at least your company people may realise as their image may get effected Secondly as Madhu said you may approach a Labour Officer if this is not working then you may file a legal petition, all this you can do provided your company management may not go to the extent of taking physical action on you
From India, Hyderabad
From India, Hyderabad
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