I joined a pharmaceutical company as a Business Head on 3rd October’2013 and was handed over the offer letter, but never got an appointment letter, but never got an appointment letter even after repeated verbal reminders to HR. On 17th October, the director of the company said that he cannot pay the salary of October. I was shocked to hear it on the first month of joining. How will the products sell when the field-staff are never allowed to work with a piece of mind? After lot of convincing being done, he released the salary of October’2013.
But, to my utter dismay again on the mid of November’2013,got a text message from the chairman of the company, that the salary will be on % basis of total collection of payment collected from the market, for which the entire team objected and rejected, as we were hired on salary basis and not on commission basis. On 15th November got a text message from the Chairman of the company that Pharma closed, without giving any prior notice.
After seeing the utter nonsense going on in the company in all departments, I resigned from the services of the company on 21st November’2013.
The company did not pay my salary for the month of November and field expenses for the month of October& November. Nearly 10 times I went to the office after I resigned, and asked the director to pay my salary and settle my account by clearing all my dues. But every-time he makes false false promises and it is now 6 months he is doing so. I have written nearly 15 mails to the company, but not a single mail was replied.
The following things were never received by me:-
1) Salary-November 3) Appointment Letter 5) F&F Statement
2) Expenses-October & November 4) P.F number/P.F Reimbursement 6) Relieving letter
Kindly guide what should I do?? as now it is absolutely clear the company will not settle my A/C……….
The sudden closure of the company without any prior notice had affected my career, also financially and mental harassment and above all above all not able to take proper medical care of my old parents.
Prasenjit
From India, Delhi
But, to my utter dismay again on the mid of November’2013,got a text message from the chairman of the company, that the salary will be on % basis of total collection of payment collected from the market, for which the entire team objected and rejected, as we were hired on salary basis and not on commission basis. On 15th November got a text message from the Chairman of the company that Pharma closed, without giving any prior notice.
After seeing the utter nonsense going on in the company in all departments, I resigned from the services of the company on 21st November’2013.
The company did not pay my salary for the month of November and field expenses for the month of October& November. Nearly 10 times I went to the office after I resigned, and asked the director to pay my salary and settle my account by clearing all my dues. But every-time he makes false false promises and it is now 6 months he is doing so. I have written nearly 15 mails to the company, but not a single mail was replied.
The following things were never received by me:-
1) Salary-November 3) Appointment Letter 5) F&F Statement
2) Expenses-October & November 4) P.F number/P.F Reimbursement 6) Relieving letter
Kindly guide what should I do?? as now it is absolutely clear the company will not settle my A/C……….
The sudden closure of the company without any prior notice had affected my career, also financially and mental harassment and above all above all not able to take proper medical care of my old parents.
Prasenjit
From India, Delhi
Dear Presenjit,
You can't go in labour court as you are not worker, but, yes, you may file case or issue a notice against company under civil law.
For better advice, you may take advice from advocate.
From India, Mumbai
206You can't go in labour court as you are not worker, but, yes, you may file case or issue a notice against company under civil law.
For better advice, you may take advice from advocate.
From India, Mumbai
Thank you Mr Tushar for your kind and valuable advise.Legal battle is a long cumbersome process......
Is there any other route to settle the matter?
What channels need to be followed,for fighting a legal case.?The company is a pretty big size company and has a record of malpractices and have played with the careers of 100's of people.
Normally how long does it take to settle the matter through legal procedure?
Prasenjit
From India, Delhi
Is there any other route to settle the matter?
What channels need to be followed,for fighting a legal case.?The company is a pretty big size company and has a record of malpractices and have played with the careers of 100's of people.
Normally how long does it take to settle the matter through legal procedure?
Prasenjit
From India, Delhi
Dear All,
I could see 19 views,and only one responded.
Please its my earnest request to all..........kindly guide me the right way to get my hard earned money.A company in the capital of Delhi is playing with law as a child's play and in-return have spoiled the career of 100's and 1000's and not even to bothered to settle their account.
Prasenjit
From India, Delhi
I could see 19 views,and only one responded.
Please its my earnest request to all..........kindly guide me the right way to get my hard earned money.A company in the capital of Delhi is playing with law as a child's play and in-return have spoiled the career of 100's and 1000's and not even to bothered to settle their account.
Prasenjit
From India, Delhi
Dear Prosenjit,
You want justice as well as you dosent want to fight for that, then how would it possible to get justice..?
some times, you get justice you need to fight..& now days, almost all the times..
its your call, you may take legal way or choose anyother way..
As well as i would like to tell you, you file case in civil court as well as in Industrial Tribunal under EMPLOYMENT AND INDUSTRIAL RELATIONS ACT.
But, yes, no one can tell you that, how much time will be take to closer of the any legal case, its pure depend on how much you case is strong as well as how will defendent may be defend.
From India, Mumbai
You want justice as well as you dosent want to fight for that, then how would it possible to get justice..?
some times, you get justice you need to fight..& now days, almost all the times..
its your call, you may take legal way or choose anyother way..
As well as i would like to tell you, you file case in civil court as well as in Industrial Tribunal under EMPLOYMENT AND INDUSTRIAL RELATIONS ACT.
But, yes, no one can tell you that, how much time will be take to closer of the any legal case, its pure depend on how much you case is strong as well as how will defendent may be defend.
From India, Mumbai
Dear Tushar,
thank you so for your insight.I am ready to fight or else i wouldn't have taken the pain of finding the website-citeHR after lot of research on the net................Nevertheless,i just want that,i should leave no stone unturned and get justice.I also know that, i shall be fighting against a company which is financially very strong,and can mould the case as per their want......So, i should approach the right way and should hire an expert advocate who will fight not just as a case but as a cause to teach them a lesson in not playing with innocent employees ever.So, I wanted all in the forum to drop in with their views/ideas/suggestions and feedback if they have any, which will create my path to approach the case.Tushar,do you feel i should also lodge a complaint of cheating and misappropriation at local concerned Police Station?Is there any other place where i should approach which will help me to get justice faster?
Prasenjit
From India, Delhi
thank you so for your insight.I am ready to fight or else i wouldn't have taken the pain of finding the website-citeHR after lot of research on the net................Nevertheless,i just want that,i should leave no stone unturned and get justice.I also know that, i shall be fighting against a company which is financially very strong,and can mould the case as per their want......So, i should approach the right way and should hire an expert advocate who will fight not just as a case but as a cause to teach them a lesson in not playing with innocent employees ever.So, I wanted all in the forum to drop in with their views/ideas/suggestions and feedback if they have any, which will create my path to approach the case.Tushar,do you feel i should also lodge a complaint of cheating and misappropriation at local concerned Police Station?Is there any other place where i should approach which will help me to get justice faster?
Prasenjit
From India, Delhi
Dear Prosenjit,
I understand your pain, i did mean to hurt your emotion..
Regarding the Police case, i believe that, whatever false commitment gave it to you by company, all are oral communication, so you dont have any evidence to proove that, & practically say that, police can be managable by company as economically they are strong than you..
I have experience in such cases, employee goes to police station for complaint, but, most of times police 99.99% avoid to take or lounge the FIR against any compliant.
once they file the FIR, they have to take action against them, so, settlement of changes may get reduce.
Better you hire advocate & take advice from him.
From India, Mumbai
I understand your pain, i did mean to hurt your emotion..
Regarding the Police case, i believe that, whatever false commitment gave it to you by company, all are oral communication, so you dont have any evidence to proove that, & practically say that, police can be managable by company as economically they are strong than you..
I have experience in such cases, employee goes to police station for complaint, but, most of times police 99.99% avoid to take or lounge the FIR against any compliant.
once they file the FIR, they have to take action against them, so, settlement of changes may get reduce.
Better you hire advocate & take advice from him.
From India, Mumbai
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