Hi, I'm a software programmer who worked for a software firm in Hyderabad. The company was not paying our salaries on time, and this had been going on for 6-8 months. We sent many emails, but they kept telling us that they would pay, although it would take some time. In February 2013, we stopped going to work. We did not officially resign from the company. A few days ago, we spoke to HR, and now he is saying:
"First and foremost, we have received your formal resignation as of today (4/7/2013 - 11:30 pm) via email. According to our attendance records, you were only present for 4 days in February 2013, with your last attendance being on 9th/02/2013 without any official intimation of stopping work thereafter. As per our company's terms and conditions, a confirmed employee must give at least 2 calendar months' notice before leaving the organization, which you failed to do. Consequently, the company reserves the right to withhold your due payments."
Can anyone help me or suggest what my colleagues and I can do to receive our outstanding salary dues?
From India, Hyderabad
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"First and foremost, we have received your formal resignation as of today (4/7/2013 - 11:30 pm) via email. According to our attendance records, you were only present for 4 days in February 2013, with your last attendance being on 9th/02/2013 without any official intimation of stopping work thereafter. As per our company's terms and conditions, a confirmed employee must give at least 2 calendar months' notice before leaving the organization, which you failed to do. Consequently, the company reserves the right to withhold your due payments."
Can anyone help me or suggest what my colleagues and I can do to receive our outstanding salary dues?
From India, Hyderabad
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Do you have a copy of the email you sent to HR regarding your salary? Do you have a copy of the email you received from HR? What assignment were you given before February 2013 by the company? Explain to them that you completed a significant amount of work before February 2013, yet you did not receive your salary until February 2013, despite not resigning. As we were not paid, we had to seek income elsewhere to support ourselves.
From India, Indore
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17From India, Indore
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Hello Ashok Pal,
While what you suggested, "Since we did not get a salary, we went to earn money for our empty stomach anywhere," may be factually correct, I doubt if it can resolve the problem the thread-initiator has.
To the thread-initiator - Ashok Pal has, however, mentioned a few very crucial aspects - have you saved the emails you mentioned you wrote/got regarding this subject? Also, what is the strength of the company - especially who got affected due to non-payment of the salaries? And lastly, what is your experience level and skill set?
I suggest posting your resume in this forum - some members could help you move forward - this is not to say that you should forget your dues.
All the best.
Regards,
TS
From India, Hyderabad
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While what you suggested, "Since we did not get a salary, we went to earn money for our empty stomach anywhere," may be factually correct, I doubt if it can resolve the problem the thread-initiator has.
To the thread-initiator - Ashok Pal has, however, mentioned a few very crucial aspects - have you saved the emails you mentioned you wrote/got regarding this subject? Also, what is the strength of the company - especially who got affected due to non-payment of the salaries? And lastly, what is your experience level and skill set?
I suggest posting your resume in this forum - some members could help you move forward - this is not to say that you should forget your dues.
All the best.
Regards,
TS
From India, Hyderabad
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Guys, thanks for your replies and suggestions.
After I talked to HR and the management, they released an email stating that we'll clear the dues on an installment basis. The dates were given as May 5th, May 20th, and June 5th of 2013. However, I did not receive the money on the respective dates. The company has a staff strength of 40-55 employees, with two departments terminated, and only one department currently functioning and receiving their salaries on time. We, a group of 10 members, are the affected individuals. I am a PHP programmer with over 3 years of experience. I have the email regarding the installments, and I am considering approaching the Labor Commissioner's office to file a complaint against the company. Will this action be helpful? Kindly advise me on the formalities for filing a case.
Thank you
From India, Hyderabad
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After I talked to HR and the management, they released an email stating that we'll clear the dues on an installment basis. The dates were given as May 5th, May 20th, and June 5th of 2013. However, I did not receive the money on the respective dates. The company has a staff strength of 40-55 employees, with two departments terminated, and only one department currently functioning and receiving their salaries on time. We, a group of 10 members, are the affected individuals. I am a PHP programmer with over 3 years of experience. I have the email regarding the installments, and I am considering approaching the Labor Commissioner's office to file a complaint against the company. Will this action be helpful? Kindly advise me on the formalities for filing a case.
Thank you
From India, Hyderabad
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Hello,
Contacting the Labour Commissioner should help. Going as a group would be better than individually; it would be more effective.
Please email your resume to me at
.
Though no promises, let me see if anything can be done to help you move on while you handle your issue. We are looking for PHP 5.0 with Drupal 6/7 experienced individuals for a client in Hyderabad.
All the best.
Regards,
TS
From India, Hyderabad
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Contacting the Labour Commissioner should help. Going as a group would be better than individually; it would be more effective.
Please email your resume to me at
Though no promises, let me see if anything can be done to help you move on while you handle your issue. We are looking for PHP 5.0 with Drupal 6/7 experienced individuals for a client in Hyderabad.
All the best.
Regards,
TS
From India, Hyderabad
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You can also calim for mental torture.. The company will have to pay for it..
From India, Kochi
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From India, Kochi
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Hi,
We have an opening in our company for a Web Developer, and we are into Mobile Applications and Game Development. We are looking for good PHP Developers. You can email me your resume. We are based in Mumbai. If you are from Mumbai, please contact me at
.
Thanks,
From India, Mumbai
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We have an opening in our company for a Web Developer, and we are into Mobile Applications and Game Development. We are looking for good PHP Developers. You can email me your resume. We are based in Mumbai. If you are from Mumbai, please contact me at
Thanks,
From India, Mumbai
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Today, we went as a group of 5 members and met an officer at the Labour Commissioner's Office. He instructed us to write a complaint letter and attach the documents (payslips, bank statements, offer letters), along with all our signatures in the letter. Does anyone know how much time it will take for action to be taken after lodging the complaint?
From India, Hyderabad
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From India, Hyderabad
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Dear,
Where is the Labour Office, whether in RTC X road or Patancheru? The process involves conciliation proceedings that start with sending a show cause letter to your present employer to seek an explanation or for joint settlement. Generally, this process takes up to 45 days. If the grievance is not resolved within the stipulated period, the case is referred to the Labour court. The adjudication is final, and both parties are bound by it.
It's in RTC crossroads. Will it take 45 days? What do you suggest? Should we approach the Labour court directly or the commissioner? I heard some say it takes 72 hours or 15 days to resolve this issue. Kindly suggest what we should do...
From India, Hyderabad
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Where is the Labour Office, whether in RTC X road or Patancheru? The process involves conciliation proceedings that start with sending a show cause letter to your present employer to seek an explanation or for joint settlement. Generally, this process takes up to 45 days. If the grievance is not resolved within the stipulated period, the case is referred to the Labour court. The adjudication is final, and both parties are bound by it.
It's in RTC crossroads. Will it take 45 days? What do you suggest? Should we approach the Labour court directly or the commissioner? I heard some say it takes 72 hours or 15 days to resolve this issue. Kindly suggest what we should do...
From India, Hyderabad
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FW Full and final settlement of all my dues including salary leave encashment Gratuity PF .zip
Salary-Note.doc
SALARY SHEET CALCULATION.xls