Dear Seniors,
One of my friend was working with a Project oriented Company. Due to severe financial crisis they were not paying salary regularly for the last 6 months. For example, salary for the month of July,2011 was paid in the month October, 2011 3rd week and August salary paid in December,last week.During the period the company never officially communicated to the employees about the delay and or any assurance given as to when the salary will be paid. Due to the frustration and being unable to manage the the things like house hold expenses, EMI for housing loan, medical expenses etc..etc.. he secured a job with another organisation and resigned from the said company in the month December, 2011 by giving a notice period of 1 month from December, 1st to 31st December instead of 2 months notice period as per the appointment letter. Due to stress, strain and mental tension he falls sick and could not attend his duties for more than 20 days during the notice period. The absenteeism was duly informed to the HR dept through SMS and during this period he requested the management to nominate somebody to taken over the charges from him, so that the company will not suffer and he can be relieved on the due date. However, the company never considered his request and as a result he could not handover the charges to anybody before 31.12.2011. His resignation letter has been only acknowledged; but nothing has been given in writing as to whether the same has been accepted or rejected. He left the organisation on 31.12.2011. Now, he has been informed by his colleagues that salary for the month of September has been paid in the 1st week of Jan 2012 and his entire pending salary, pertains to the period prior to the resignation, is under hold. Can anybody help him by giving a proper advise as to how to move further to get his due salary, whether the stand taken by him by giving lesser notice period is legally valid, what action he can take legally under labour rules to get this legal dues?
Regards,
Charudas. M
From India, Mumbai
One of my friend was working with a Project oriented Company. Due to severe financial crisis they were not paying salary regularly for the last 6 months. For example, salary for the month of July,2011 was paid in the month October, 2011 3rd week and August salary paid in December,last week.During the period the company never officially communicated to the employees about the delay and or any assurance given as to when the salary will be paid. Due to the frustration and being unable to manage the the things like house hold expenses, EMI for housing loan, medical expenses etc..etc.. he secured a job with another organisation and resigned from the said company in the month December, 2011 by giving a notice period of 1 month from December, 1st to 31st December instead of 2 months notice period as per the appointment letter. Due to stress, strain and mental tension he falls sick and could not attend his duties for more than 20 days during the notice period. The absenteeism was duly informed to the HR dept through SMS and during this period he requested the management to nominate somebody to taken over the charges from him, so that the company will not suffer and he can be relieved on the due date. However, the company never considered his request and as a result he could not handover the charges to anybody before 31.12.2011. His resignation letter has been only acknowledged; but nothing has been given in writing as to whether the same has been accepted or rejected. He left the organisation on 31.12.2011. Now, he has been informed by his colleagues that salary for the month of September has been paid in the 1st week of Jan 2012 and his entire pending salary, pertains to the period prior to the resignation, is under hold. Can anybody help him by giving a proper advise as to how to move further to get his due salary, whether the stand taken by him by giving lesser notice period is legally valid, what action he can take legally under labour rules to get this legal dues?
Regards,
Charudas. M
From India, Mumbai
Dear Charudas,
Your firend can approach the concerned Assistant commissioner of labour who is the authority under payment of wages act before that let him write a letter to the management ie., his HOD, HR Head & even the MD / Director that his salary dues need to be released after deducting necessary statutory deductions and also request for the full and final settlement with in 15 days from the date of receipt of the letter failing which he will approach the authorities under the payment of wages act.
After waiting for 15 days then he should approach the ACL / Dy. commissioner of labour concerned area.
Regards - kamesh
From India, Hyderabad
186Your firend can approach the concerned Assistant commissioner of labour who is the authority under payment of wages act before that let him write a letter to the management ie., his HOD, HR Head & even the MD / Director that his salary dues need to be released after deducting necessary statutory deductions and also request for the full and final settlement with in 15 days from the date of receipt of the letter failing which he will approach the authorities under the payment of wages act.
After waiting for 15 days then he should approach the ACL / Dy. commissioner of labour concerned area.
Regards - kamesh
From India, Hyderabad
Hello Charu,
Let’s not get sentimental and look at the logical part of the case.
I am sure that if there were financial problems in the company then that would have affected most of the employees of the organization and all would have gone through the similar amount of stress, strain, etc. So, I like to ask –
1. How many employees were there in the company on 30th June 2011?
2. How many employees resigned from their jobs from 1st July to 31st December?
3. Is your friend in a position to submit the Medical Certificate to justify his sickness?
4. I am sure the management would have told its employees about the financial crisis that they are going through. I am not clear, what do you mean by, “Official Communication”.
Thanks,
Sanjeev
From India, Mumbai
Let’s not get sentimental and look at the logical part of the case.
I am sure that if there were financial problems in the company then that would have affected most of the employees of the organization and all would have gone through the similar amount of stress, strain, etc. So, I like to ask –
1. How many employees were there in the company on 30th June 2011?
2. How many employees resigned from their jobs from 1st July to 31st December?
3. Is your friend in a position to submit the Medical Certificate to justify his sickness?
4. I am sure the management would have told its employees about the financial crisis that they are going through. I am not clear, what do you mean by, “Official Communication”.
Thanks,
Sanjeev
From India, Mumbai
After going thru this I wud suggest you to ask him to make a written complain to REPFC along with employment proof. He needs to meet them personally bcz this is not a small issue.
But the most important thing that he has no proof of his resignation and also was on leave which was also obtain without getting prior approval. Informing by SMS to the HR personnel regarding leave was not right and systematic procedure and this will be count a mistake. I buy that he was not well or was disturbed with this issue, but he has had to get acknowledge for the same by his Superior/Senior/Boss. But he didn’t, is another mistake.
As you said that he still don’t know whether his resignation has been accepted by his Boss or forwarded to HR for further action or not, therefore he must visit them and need to discuss this with his Boss and HR person, he needs to get the actually problem.
But as you said that there was a financial problem with the Company, consequently there was not able to pay him on time and he has had to take action and joined another company which is also according to the situation and I won’t say that he has don’t wrong but at this point, he must visit them to clear the things before going with Legal action. Even the management has also never deny to pay dues to him as stated in your query so he and you needs to understand this too. I also agree with Mr. Sanjeev, sometime Management has has to take this action at the time of crises or related problem.
As he is working now with another company and wanted to get his dues, the very thing he needs to do is to visit them.
But if still he found anything wrong, can go to REPFC.
From India, Gurgaon
But the most important thing that he has no proof of his resignation and also was on leave which was also obtain without getting prior approval. Informing by SMS to the HR personnel regarding leave was not right and systematic procedure and this will be count a mistake. I buy that he was not well or was disturbed with this issue, but he has had to get acknowledge for the same by his Superior/Senior/Boss. But he didn’t, is another mistake.
As you said that he still don’t know whether his resignation has been accepted by his Boss or forwarded to HR for further action or not, therefore he must visit them and need to discuss this with his Boss and HR person, he needs to get the actually problem.
But as you said that there was a financial problem with the Company, consequently there was not able to pay him on time and he has had to take action and joined another company which is also according to the situation and I won’t say that he has don’t wrong but at this point, he must visit them to clear the things before going with Legal action. Even the management has also never deny to pay dues to him as stated in your query so he and you needs to understand this too. I also agree with Mr. Sanjeev, sometime Management has has to take this action at the time of crises or related problem.
As he is working now with another company and wanted to get his dues, the very thing he needs to do is to visit them.
But if still he found anything wrong, can go to REPFC.
From India, Gurgaon
You have posted that resignation has been acknowledged.It should have been appropriate to write to the appointing authority, Head-HR the situation employee has been facing due to non payment of wages on time e.g. not able to meet household expenses, medical expenses, had to borrow etc, in a gentle manner.
If the employer has not been able to pay salary and that too for many months at a stretch employer becomes unworthy of being employed with. Employee should approach the good offices and request to waive off the notice period and notice pay in such a situation.
Employee may submit leave application and get it approved.Salary can not be withheld.
If employer is genuine, this employee should be able to handle the situation and he shall need to apply reasoning, persuasion skills.
If nothing works employee may approach o/o wage inspector.
From India, Chandigarh
If the employer has not been able to pay salary and that too for many months at a stretch employer becomes unworthy of being employed with. Employee should approach the good offices and request to waive off the notice period and notice pay in such a situation.
Employee may submit leave application and get it approved.Salary can not be withheld.
If employer is genuine, this employee should be able to handle the situation and he shall need to apply reasoning, persuasion skills.
If nothing works employee may approach o/o wage inspector.
From India, Chandigarh
Dear Mr.Charu,
Like many employees your friend also did commit some tactical mistakes. In my view they are:
1. Not giving adequate notice period before resignation/before actual relinquishment
2. Not keeping proper record of communication with the employer/HOD/Designatead appointing authority.
3. Availing leave/absence during Notice period.
4. Not preparing/handing over the Handing over charge report to the next in command/Reporting official
5. Not Obtaining No Due Certificate before leaving.
6. When there were no response, No proof to show you taken efforts to contact the right person i/c. etc.
Yet there are some points which may help you in need be -
1. If you have kept intact your SMS records, you may arrange authenticated print out of such communication to your office seeking to relieve you and asking them to appoint a reliever to you;
2. It is good that they acknowledged your letter but without saying yes or no. This could be used as a real weapon.
DO's: Having done so you may take the following action -
1. Send a detailed letter narrating & highlighting what efforts you have put formally communicating your notice and subsequent events. And give them 15 notice (Don't ask them to send a relieving letter now, by all means you hold on to their acknowledgement as acceptance of your resignation) to settle all your dues excepting PF, you file PF Transfer forms to them thro' your present employer . Enclose relevant claim forms. Send them by Regd.Post Ack.Due, copy them by e-mail as well. Keep copies of all these records. Give your bank a/c details. Try to call them over phone or send telegram, keep record of all these. After 20 days send a legal notice stating that you are raising a Industrial dispute and seeking intervention of the respective Labour Commissioner ( I hope you are covered under these Acts.). Rest will be followed up by the Advocate. These are some thoughts and add what other suggestions as well from others.
All the best.
kumar.s.
From India, Bangalore
Like many employees your friend also did commit some tactical mistakes. In my view they are:
1. Not giving adequate notice period before resignation/before actual relinquishment
2. Not keeping proper record of communication with the employer/HOD/Designatead appointing authority.
3. Availing leave/absence during Notice period.
4. Not preparing/handing over the Handing over charge report to the next in command/Reporting official
5. Not Obtaining No Due Certificate before leaving.
6. When there were no response, No proof to show you taken efforts to contact the right person i/c. etc.
Yet there are some points which may help you in need be -
1. If you have kept intact your SMS records, you may arrange authenticated print out of such communication to your office seeking to relieve you and asking them to appoint a reliever to you;
2. It is good that they acknowledged your letter but without saying yes or no. This could be used as a real weapon.
DO's: Having done so you may take the following action -
1. Send a detailed letter narrating & highlighting what efforts you have put formally communicating your notice and subsequent events. And give them 15 notice (Don't ask them to send a relieving letter now, by all means you hold on to their acknowledgement as acceptance of your resignation) to settle all your dues excepting PF, you file PF Transfer forms to them thro' your present employer . Enclose relevant claim forms. Send them by Regd.Post Ack.Due, copy them by e-mail as well. Keep copies of all these records. Give your bank a/c details. Try to call them over phone or send telegram, keep record of all these. After 20 days send a legal notice stating that you are raising a Industrial dispute and seeking intervention of the respective Labour Commissioner ( I hope you are covered under these Acts.). Rest will be followed up by the Advocate. These are some thoughts and add what other suggestions as well from others.
All the best.
kumar.s.
From India, Bangalore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Salary-Note.doc
SALARY SHEET CALCULATION.xls