I have worked for a construction company as a DGM at Bangalore for 3 years and resigned with one month notice period as per appointment letter.Resignation letter submitted by email to VP,Director and HR and also Hard copy.Our company has not accepted my resign letter, but I said that I want to leave the company.After 20 days of my resignation,my Vice president(VP) asked by email to submit reconciliation statement,stock register,asset details to consider relieve me.All the reports were submitted by email.Company has not appointed a person in my place to take over charge.So I have sent a mail to VP,Director and HR dept stating that today is last working day(04.09.14) with this company and leaving after serving one month notice.I met everyone on last working day in office and handed over company sim, data card etc, but my director says that he wants to verify the documents submitted to them to sign relieving form.
I have sent two emails asking relieving letter, but no response from them.
After one month of leaving from the company,my VP is asking explanation for poor workmen ship and bad quality of work executed for some items,during my period to consider relieving letter.
The VP is the head of the project and worked along with me past 4 months including my notice period.
I really fed up about his action since I got the award from the company for Project among the group of company.Hr is silent and asking me to get sign from the director.Due to this relieving letter, my balance salary, 1.5 years bonus ,32 days en-cash able leave salary settlements are getting delayed.
Please advice me to proceed further including legal details
From India, Mumbai
I have sent two emails asking relieving letter, but no response from them.
After one month of leaving from the company,my VP is asking explanation for poor workmen ship and bad quality of work executed for some items,during my period to consider relieving letter.
The VP is the head of the project and worked along with me past 4 months including my notice period.
I really fed up about his action since I got the award from the company for Project among the group of company.Hr is silent and asking me to get sign from the director.Due to this relieving letter, my balance salary, 1.5 years bonus ,32 days en-cash able leave salary settlements are getting delayed.
Please advice me to proceed further including legal details
From India, Mumbai
Getting the F&F by going legal is a very remote possibility because you will have to file a civil case to get the matter settled. Even for getting your unpaid salary you cannot go as per Payment of Wages Act because you were a manager and not a worker. The only Act which does not differentiate a manager form worker is the Payment of Gratuity Act but unfortunately, you are not entitled to that as you worked only for 3 years.
In your case, it would be proper if you meet the Director in person and discuss the issue and sort it out. There should be some thing which is irritating him or he might be mislead by some body else in the company and that can be sorted out only if you meet him personally. Regarding any work done during your period, you cannot escape from your liability just saying that you have left the company. Therefore, if the company has withheld your payments, the company cannot be blamed also. Therefore, it is advisable to settle the issue rather than going legal.
Madhu.T.K
From India, Kannur
4249In your case, it would be proper if you meet the Director in person and discuss the issue and sort it out. There should be some thing which is irritating him or he might be mislead by some body else in the company and that can be sorted out only if you meet him personally. Regarding any work done during your period, you cannot escape from your liability just saying that you have left the company. Therefore, if the company has withheld your payments, the company cannot be blamed also. Therefore, it is advisable to settle the issue rather than going legal.
Madhu.T.K
From India, Kannur
Thanks for your reply. Is it possible to hold salary and benefit for mistake work ?
Is there any law? In construction work in huge project where 20 engineers are working, is one person is possible to supervise 600000 sft of building project. company can blame the person after 30 days from leaving the company with our any written details while working 3 years.
I have all the record for the period worked.
Please advice proceed to further
From India, Mumbai
Is there any law? In construction work in huge project where 20 engineers are working, is one person is possible to supervise 600000 sft of building project. company can blame the person after 30 days from leaving the company with our any written details while working 3 years.
I have all the record for the period worked.
Please advice proceed to further
From India, Mumbai
There is no law which says that for defective work the 'wages' can be withheld but there can be a custom by which you can retain an amount till satisfactory commissioning is over. But it shall be as per the terms and conditions and if there is nothing which says so, you are expected to release the payment soon after the project is ready and in the similar way salary of left employee cannot be retained unreasonably unless otherwise provided in the appointment order, like on resignation the salary due will be released only after conducting proper auditing and inspection of the work done. This is true but when you file a writ against the act of holding your salary, will it be addressed immediately? No, it will take its own time. Naturally, in the case of a workman, he could directly go and file an application for recovery of money due from the employer through dispute settlement machinery like Labour Officer, Labour Court etc but in your case it is not possible and that is why I have advised you to meet the directors and appraise the situation.
All the best
Madhu.T.K
From India, Kannur
All the best
Madhu.T.K
From India, Kannur
Gopal1, please note that your Industry is a private entity. Your resignation has created vacuum. In view of this the management is unhappy, since the Company has not trained up 2nd in command and no substitute, this type of issues occur. If you follow legal path,definitely, your management will make false charges and may claim damages, also. Be cool, follow the advice given by expert members.
SPKR
From India, Bangalore
SPKR
From India, Bangalore
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