I have put down my papers on 21st July 2017 due to personal issues and my management is not ready to accept and has hold my salary for the month of July.
I am ready to serve my notice period and been doing well in business. Please suggest.
From India, Hyderabad
I am ready to serve my notice period and been doing well in business. Please suggest.
From India, Hyderabad
Dear Latha,
Separation from the company and salary disbursement are two separate issues. One should not have bearing on other. Therefore, you may write application to the MD of your company asking for the release of the salary. Write in the application that you have domestic commitments and these can be fulfilled with the monthly salary. If the MD remains adamant then we will see what to do.
By the way, what is your designation? How many persons report to you? We need to this information to assess whether provisions of Industrial Dispute Act, 1947 apply to you.
Thanks,
Dinesh Divekar
From India, Bangalore
7881Separation from the company and salary disbursement are two separate issues. One should not have bearing on other. Therefore, you may write application to the MD of your company asking for the release of the salary. Write in the application that you have domestic commitments and these can be fulfilled with the monthly salary. If the MD remains adamant then we will see what to do.
By the way, what is your designation? How many persons report to you? We need to this information to assess whether provisions of Industrial Dispute Act, 1947 apply to you.
Thanks,
Dinesh Divekar
From India, Bangalore
Thank you Mr.Dinesh. I have put down my papers on 21st July 2017 and from 21st August 2017 i have stopped going to office as July entire month salary and salary from 1st Aug to 21st Aug 2017 is with them i have requested my management to provide me reliving considering as the Notice buy out but till now there is no response from the team.
Do you suggest me to go for legal filing. Iam really need of my salary and there is no single month where i have not given them the business.Please advise.
Thanks
From India, Hyderabad
Do you suggest me to go for legal filing. Iam really need of my salary and there is no single month where i have not given them the business.Please advise.
Thanks
From India, Hyderabad
Dear Latha,
You have taken 20 days to upload your second post. However, you have not answered the questions that I had asked in my previous post. While writing a post it is important to mention the nature of your industry, the city/state where you work, designation and so on. This information helps us in assessing the applicability of the respective labour laws.
Have you sent written letter to the MD? If yes, then what was his reply? What is your designation? How many persons report to you?
Please give reply to the questions.
Thanks,
Dinesh Divekar
From India, Bangalore
You have taken 20 days to upload your second post. However, you have not answered the questions that I had asked in my previous post. While writing a post it is important to mention the nature of your industry, the city/state where you work, designation and so on. This information helps us in assessing the applicability of the respective labour laws.
Have you sent written letter to the MD? If yes, then what was his reply? What is your designation? How many persons report to you?
Please give reply to the questions.
Thanks,
Dinesh Divekar
From India, Bangalore
Iam the Sr.Talent advisor and iam the only one handling the NON IT Recruitment Vertical (Recruitment industry). I have planned to give a notice of 45 days as per the rules but have been hearing from various resources on the non payment and threat of no reliving letters from the company even after serving notice period. Iam based out in Hyderabad. I have clearly mentioned during joining that i can try supporting the BD activities but later i find there is not support of getting Business from the BD and what all the BD activities i have done saved me to get business till date.
Thanks
From India, Hyderabad
Thanks
From India, Hyderabad
Dear Latha,
You need to serve your notice period as per the provisions of your appointment letter. There is nothing to "plan" about it.
You have written that "have been hearing from various resources on the non payment and threat of no reliving letters from the company even after serving notice period". Let me specify not to worry on this count. On completion of the notice period, if the employer pays you the salary then well and good else find out the office of the Labour Officer (LO) of your area and give an application to him on non-payment of wages. However, you have go there personally and explain your problem to the LO. When you go there, carry with you proof of your employment like appointment letter, identify card etc.
Please note that LO is different from labour lawyer. Govt of India as well as state governments have created labour offices to solve the problems of the workers. Since you nobody reports to you, under the provisions of Industrial Dispute Act, 1947 you are classified as "workman" and this act is in your favour. In contrast, labour lawyers are professionals who work in their personal capacity. They can issue the notice to the employer and if the employer does not respond, they file a suit. However, lawyer's services come with hefty fee. Whereas services of LO are free. Possibly he may tell you to provide "Chai-paani", which anyway you will oblige. Please speak in local language while at Labour Office.
In fact holding the salary for the month of Jul 2017 is also illegal. Write email to him to release the salary. Keep with you the printout of the mail. It might be helpful to you as evidence.
If you face any problem come back again to this forum.
All the best!
Dinesh Divekar
From India, Bangalore
You need to serve your notice period as per the provisions of your appointment letter. There is nothing to "plan" about it.
You have written that "have been hearing from various resources on the non payment and threat of no reliving letters from the company even after serving notice period". Let me specify not to worry on this count. On completion of the notice period, if the employer pays you the salary then well and good else find out the office of the Labour Officer (LO) of your area and give an application to him on non-payment of wages. However, you have go there personally and explain your problem to the LO. When you go there, carry with you proof of your employment like appointment letter, identify card etc.
Please note that LO is different from labour lawyer. Govt of India as well as state governments have created labour offices to solve the problems of the workers. Since you nobody reports to you, under the provisions of Industrial Dispute Act, 1947 you are classified as "workman" and this act is in your favour. In contrast, labour lawyers are professionals who work in their personal capacity. They can issue the notice to the employer and if the employer does not respond, they file a suit. However, lawyer's services come with hefty fee. Whereas services of LO are free. Possibly he may tell you to provide "Chai-paani", which anyway you will oblige. Please speak in local language while at Labour Office.
In fact holding the salary for the month of Jul 2017 is also illegal. Write email to him to release the salary. Keep with you the printout of the mail. It might be helpful to you as evidence.
If you face any problem come back again to this forum.
All the best!
Dinesh Divekar
From India, Bangalore
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