Hello Team ,
I have resign one of the Indian company and also give 17 days Notice period instead of 30 days because Company unable to pay salary on end of the month since 4 years and some of the employees has not receive the salary after providing complete intimation hence i have not given full intimation Now they have not paid my last month salary worth amount Rs 50k hence i have visit labour officer but nothing was happen over there because employer simply reply that due to his short intimation we have face huge loss so we will file civil action so labour officer unable to close matter so request you to please provide me suggestion
This is also keep you inform that Management released my experience letter and accept of resign letter
So what should i do in this situation employer still give me threat about legal action ?
From India, Bengaluru
I have resign one of the Indian company and also give 17 days Notice period instead of 30 days because Company unable to pay salary on end of the month since 4 years and some of the employees has not receive the salary after providing complete intimation hence i have not given full intimation Now they have not paid my last month salary worth amount Rs 50k hence i have visit labour officer but nothing was happen over there because employer simply reply that due to his short intimation we have face huge loss so we will file civil action so labour officer unable to close matter so request you to please provide me suggestion
This is also keep you inform that Management released my experience letter and accept of resign letter
So what should i do in this situation employer still give me threat about legal action ?
From India, Bengaluru
Hi,
If it's mentioned in your appointment letter you have to pay for the rest days notice period payment or you can adjust your pending salary amount with your full and final payment.Just talk with your company regarding your full and final settlement and you can get your relieving and experience letter.
From India, Mumbai
13If it's mentioned in your appointment letter you have to pay for the rest days notice period payment or you can adjust your pending salary amount with your full and final payment.Just talk with your company regarding your full and final settlement and you can get your relieving and experience letter.
From India, Mumbai
As you said you received your resignation and experience letter. Ask them for relieving letter and Last Month Salary Slip or Salary certificates.
From India, Mumbai
From India, Mumbai
Hello Team ,
Thanks for reply
I have received Resignation acceptance letter and Experience letter as well as they have update my salary slip on payroll which i have the copy for the same . But management of the company not bother to give me salary in my bank account and blame me that because of your resign we have face hug loss and losses are more than your salary so they will not give me salary and file civil suit .
This company has not credit employee PF hence I have made complain in PF department's that why director of company become personal and want to take revenge
so request you to please find some good suggestions for me as Management dont want release my salary because they have angry because i made complain in Pf department and This is history of company that they have not paid salary of employee who put resign
From India, Bengaluru
Thanks for reply
I have received Resignation acceptance letter and Experience letter as well as they have update my salary slip on payroll which i have the copy for the same . But management of the company not bother to give me salary in my bank account and blame me that because of your resign we have face hug loss and losses are more than your salary so they will not give me salary and file civil suit .
This company has not credit employee PF hence I have made complain in PF department's that why director of company become personal and want to take revenge
so request you to please find some good suggestions for me as Management dont want release my salary because they have angry because i made complain in Pf department and This is history of company that they have not paid salary of employee who put resign
From India, Bengaluru
Dear Amit,
If there is a clause in the appointment letter in regards to the notice period, then you will not be able to take legal help as you have not followed the policy. The company will have an upper hand in the notice pay clause and can stop the salary for the losses. But you can ask them to provide you the details of the losses incurred. Ask them this through a legal consultant.
Apart from this the PF complaint, be strong and keep it alive through RTI and other means and get your legal money back.
Regards,
Ashutosh Thakre
From India, Mumbai
If there is a clause in the appointment letter in regards to the notice period, then you will not be able to take legal help as you have not followed the policy. The company will have an upper hand in the notice pay clause and can stop the salary for the losses. But you can ask them to provide you the details of the losses incurred. Ask them this through a legal consultant.
Apart from this the PF complaint, be strong and keep it alive through RTI and other means and get your legal money back.
Regards,
Ashutosh Thakre
From India, Mumbai
There are different sides of this story.
You were under a contract of employment, under which you are required to give notice of 30 days. However, you were not paid salary for 4 months. So the contract is already void and terminated. Where the consideration for contract is not paid, there is no contract.
When the company has not paid salary, there is no ground for them to insist on completion of full notice period. Even if it were so, loss to the company for short notice is not recoverable from employee. At most the salary for short notice Period can be adjusted. This is there in payment of wages act, factories act, standing orders, etc. No court will take cognisance of this.
I do not know why the labour officer could not take action. It is possible he has got his envelop from the company.
You have an option. File a complaint in the labour court (take advice of your lawyer). Or forget it and move to an new employment. If they make the mistake of taking matter to court, them let your lawyer take them head on.
However, keep your new employer informed of the situation.
From India, Mumbai
You were under a contract of employment, under which you are required to give notice of 30 days. However, you were not paid salary for 4 months. So the contract is already void and terminated. Where the consideration for contract is not paid, there is no contract.
When the company has not paid salary, there is no ground for them to insist on completion of full notice period. Even if it were so, loss to the company for short notice is not recoverable from employee. At most the salary for short notice Period can be adjusted. This is there in payment of wages act, factories act, standing orders, etc. No court will take cognisance of this.
I do not know why the labour officer could not take action. It is possible he has got his envelop from the company.
You have an option. File a complaint in the labour court (take advice of your lawyer). Or forget it and move to an new employment. If they make the mistake of taking matter to court, them let your lawyer take them head on.
However, keep your new employer informed of the situation.
From India, Mumbai
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