I was an Operation and marketing manager in "posco-poggenamp electrical steel pvt ltd." i put my resignation letter on 2July 2013 and served a month notice to release me. My AGM HR didn't give any written acknowledgement of it any verbally accepted my resignation and re leaving date which is 31st July13, as i did lot of good work in that company and i handover my all charge and responsibilities to my juniors properly but on last day of my working director misbehave with me and said that they will not pay my last month salary and other deducted salaries. i'm doing verbal and written communication with this company but director refuse to give any amount. now i want to take legal action on this matter, please suggest best way. My due salary is 70,000 INR
From India, Vadodara
From India, Vadodara
Dear Gaurav,
Have you given the complete information? My opinion is based on available information only.
Before you take course of adjudication, I recommend you approaching the labour officer of your area. Go there with proof of correspondence. If you feel that you did not get justice then you may give lawyers notice. If the employer still remains adamant then you may file a suit for your rightful wages.
All the best!
Dinesh V Divekar
From India, Bangalore
7879Have you given the complete information? My opinion is based on available information only.
Before you take course of adjudication, I recommend you approaching the labour officer of your area. Go there with proof of correspondence. If you feel that you did not get justice then you may give lawyers notice. If the employer still remains adamant then you may file a suit for your rightful wages.
All the best!
Dinesh V Divekar
From India, Bangalore
Mr. Gaurav,
I totally agree with Mr. Dinesh's statements and you needs to have proper evidence related to this issue before you jump into legal action.
second thing- Do not mention your company name(Specific). It is better for you.
From India, Surat
I totally agree with Mr. Dinesh's statements and you needs to have proper evidence related to this issue before you jump into legal action.
second thing- Do not mention your company name(Specific). It is better for you.
From India, Surat
Dear Mr. Dinesh,
Thanks for reply, further to this matter, i put my resignation letter and ask to HR dept. for its acceptance but they didn't give it to me as nothing going wrong with me till that time and also i was doing good work in my notice period too so i was confident that i'll get my salary ignoring the past history that other employer didn't got their dues. when i called a common meeting on last day from my side to educate all staff about running projects and task once i completed all matters my director noted down all important information then he started misbehaving with me and even not giving any facility to drop me at my home as usually i was having a car for pick up and drop.
Also threaten me that he will not pay any salary while i argued for it that i offered so many new customers and business to you then he was making excuse that still 2 parties payment is pending, i replied that whatever due payment in which i was involve will be recovered by me then later pay to me still he refuse to pay. As we dont have any condition that my salary will be block due to non receipt of payment from customers.
Still im ready to clear their due payment as im having good repo with my customers. but after that im not sure that my employer will pay my salary as that guy is not ethical and he didn't having good image in market too about employment satisfaction.
He didn't give me any written proof about my resignation or re-leaving acceptance. Also in that company we dont have CL -PL benefits so mean to say that they dont have HR ethics. i wrote a mail to that MD with very polite wordings that my EMI are coming now and im in trouble to manage my family needs due to this month month loss, but he is not replying. HR dept. is helpless as they have to obey their director's orders.
Please suggest me appropriate way to handle this situation.
From India, Vadodara
Thanks for reply, further to this matter, i put my resignation letter and ask to HR dept. for its acceptance but they didn't give it to me as nothing going wrong with me till that time and also i was doing good work in my notice period too so i was confident that i'll get my salary ignoring the past history that other employer didn't got their dues. when i called a common meeting on last day from my side to educate all staff about running projects and task once i completed all matters my director noted down all important information then he started misbehaving with me and even not giving any facility to drop me at my home as usually i was having a car for pick up and drop.
Also threaten me that he will not pay any salary while i argued for it that i offered so many new customers and business to you then he was making excuse that still 2 parties payment is pending, i replied that whatever due payment in which i was involve will be recovered by me then later pay to me still he refuse to pay. As we dont have any condition that my salary will be block due to non receipt of payment from customers.
Still im ready to clear their due payment as im having good repo with my customers. but after that im not sure that my employer will pay my salary as that guy is not ethical and he didn't having good image in market too about employment satisfaction.
He didn't give me any written proof about my resignation or re-leaving acceptance. Also in that company we dont have CL -PL benefits so mean to say that they dont have HR ethics. i wrote a mail to that MD with very polite wordings that my EMI are coming now and im in trouble to manage my family needs due to this month month loss, but he is not replying. HR dept. is helpless as they have to obey their director's orders.
Please suggest me appropriate way to handle this situation.
From India, Vadodara
Verbal acceptance is not enough as you have given resignation in written you must have the written approval for that and here your employer have a plus point on you as they say they haven't approved your resignation and still you leave they do not will to clear dues and FNF.
So, being a professional make sure you do all the correspondence in written. But as of now first you discuss with the current HR as what's the problem and why they are not relieving. Also, check for if anything is pending from your end and if still they do not co-operate then you can talk to the labour office and tell him in detail about the situation.
From India, Lucknow
So, being a professional make sure you do all the correspondence in written. But as of now first you discuss with the current HR as what's the problem and why they are not relieving. Also, check for if anything is pending from your end and if still they do not co-operate then you can talk to the labour office and tell him in detail about the situation.
From India, Lucknow
To, Couvery:
As i knew written approval must require but in case where company doesn't provide such confirmation then what to do ? as they are doing such thing several times with past employees,as i put my notice period for sake of my image in this industry but it was not expected that my salary will be not release particular for my case as per my work and achievements.
And the main reason of resign from this company was job security as i had seen in past that they are not willing to keep high salaried employee for long term, just want to use their knowledge and reference for a year then they start torturing to employee.
With this situation can i do any action to get my salary, plz advise ?
From India, Vadodara
As i knew written approval must require but in case where company doesn't provide such confirmation then what to do ? as they are doing such thing several times with past employees,as i put my notice period for sake of my image in this industry but it was not expected that my salary will be not release particular for my case as per my work and achievements.
And the main reason of resign from this company was job security as i had seen in past that they are not willing to keep high salaried employee for long term, just want to use their knowledge and reference for a year then they start torturing to employee.
With this situation can i do any action to get my salary, plz advise ?
From India, Vadodara
Hi Gaurav,
Usually at local level some companies do such practices of withholding employees salary. I would suggest you to please consult a local lawyer in the civil court as this case would not be entertain by labour office as you were working on a manager cadre. Please send them a legal notice mentioning the out standings to be cleared. Also before sending them legal notice please send a formal letter for your pending clearance via registered post to their HR deptt with a copy to the director and keep the dispatched receipt with you. Give them 5-7 days time to initiate action and if you do not hear from them then please send the legal notice. Please ask your lawyer to raise industrial dispute claiming the pending amount and mental harassment claims as well.
Please make everything in written which will help you further. Most of the employers who do not comply with many statutory obligations do not want themselves to get in to such cases and clear the things upon receiving of no
From India, New Delhi
Usually at local level some companies do such practices of withholding employees salary. I would suggest you to please consult a local lawyer in the civil court as this case would not be entertain by labour office as you were working on a manager cadre. Please send them a legal notice mentioning the out standings to be cleared. Also before sending them legal notice please send a formal letter for your pending clearance via registered post to their HR deptt with a copy to the director and keep the dispatched receipt with you. Give them 5-7 days time to initiate action and if you do not hear from them then please send the legal notice. Please ask your lawyer to raise industrial dispute claiming the pending amount and mental harassment claims as well.
Please make everything in written which will help you further. Most of the employers who do not comply with many statutory obligations do not want themselves to get in to such cases and clear the things upon receiving of no
From India, New Delhi
Actually its people product and profit.But most of the organization only focus on profit and never care for there employee.After reading the above blogs i think that your company dont follow any ethics.Most of the company also accept verbal resignation as well so it depends from company to company.
Kindly keep all the copy of the written proof from your side
as suggested by gaurav approach labour officer of your area
Still if the matter is not solved Drag the company to the court..Dont keep quite as 70000 is not a less amount.
If you will keep quite then tomorrow the company will play in the same manner with other employee as well.
So its time to teach them right lesson.
Thanks
Varun jha
HR
07835876179
From India, Madras
Kindly keep all the copy of the written proof from your side
as suggested by gaurav approach labour officer of your area
Still if the matter is not solved Drag the company to the court..Dont keep quite as 70000 is not a less amount.
If you will keep quite then tomorrow the company will play in the same manner with other employee as well.
So its time to teach them right lesson.
Thanks
Varun jha
HR
07835876179
From India, Madras
Hi,
This fight will take long time. Please keep all yours documents and mails properly. Approach to a lawyer fast as this is fresh incident and if the company gets enough time to think then they will find out many reasons to justify that what they did was right. Don't discuss this matter with any of your collegues who are still working in the company. keep all your moves with yourself and with lawyer. All though police don't register this case but appoint a lawyer then with his suggestion you can approach Labour Officer.
Thanks
From India, Pune
This fight will take long time. Please keep all yours documents and mails properly. Approach to a lawyer fast as this is fresh incident and if the company gets enough time to think then they will find out many reasons to justify that what they did was right. Don't discuss this matter with any of your collegues who are still working in the company. keep all your moves with yourself and with lawyer. All though police don't register this case but appoint a lawyer then with his suggestion you can approach Labour Officer.
Thanks
From India, Pune
Hi!
Please collect proper documents, correspondences and other evidence. Consult lawyer and ask him for draft that could be posted on Facebook, Twitter or other socila media, about the treatement done by this company and director. Post it on all social network.
Please take care that the post convey everything but legally proper so that they cannot file a suit.
Ofcourse, you may give them a chance to reply to or settle accounts before you post the fact on online.
Best Regards,
Divakar
From India, Bangalore
Please collect proper documents, correspondences and other evidence. Consult lawyer and ask him for draft that could be posted on Facebook, Twitter or other socila media, about the treatement done by this company and director. Post it on all social network.
Please take care that the post convey everything but legally proper so that they cannot file a suit.
Ofcourse, you may give them a chance to reply to or settle accounts before you post the fact on online.
Best Regards,
Divakar
From India, Bangalore
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