I am working in a medical software company. First, the company put my salary on hold and paid it one week later after I had to complain to the company's MD. I was paid the salary, but they did not pay me my full take-home salary as mentioned in the salary breakup. I was also supposed to get my conveyance/travel expenses along with the salary, which has also not been paid to me. And now they are telling me to resign and submit company property or they will take legal action. What should I do?
From India, Pune
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From India, Pune
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When the law is on your side, the company is just trying to pressurize you. Do not fall for that.
Since you are in the IT sector, I assume that your company is covered under the Shops & Establishment Act. Even if it is not, it really does not matter.
The company is bound to disburse salary by the 7th to 10th of each month, and any violation thereof attracts a penalty and interest. Since the company delayed in paying salary and there was also less payment, please demand the underpaid amount in writing. Additionally, you can also claim your traveling expenses in the same letter. Ensure to keep an acknowledgment of such communications/letter for future reference.
Asking anyone to resign is illegal and amounts to termination. There is simply no provision of "ask to leave" in labor laws. The company is simply threatening/pressurizing you to obtain the resignation.
Submission of the company's property occurs when there is a cessation of the employer-employee relationship either by way of resignation or termination unless the company has asked you to refund their property for any other reasons.
If the company refuses to provide you in writing to hand over the asset, then it is better not to. First, ask the company to issue you in writing about handing over the company's property.
Only upon receiving anything in writing, you can take any steps. Just on verbal communication/threat, you do not need to do much.
But since the situation between you and the company has deteriorated now, always communicate in writing as far as possible (but make sure each and every word is chosen carefully).
From India, Kolkata
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260Since you are in the IT sector, I assume that your company is covered under the Shops & Establishment Act. Even if it is not, it really does not matter.
The company is bound to disburse salary by the 7th to 10th of each month, and any violation thereof attracts a penalty and interest. Since the company delayed in paying salary and there was also less payment, please demand the underpaid amount in writing. Additionally, you can also claim your traveling expenses in the same letter. Ensure to keep an acknowledgment of such communications/letter for future reference.
Asking anyone to resign is illegal and amounts to termination. There is simply no provision of "ask to leave" in labor laws. The company is simply threatening/pressurizing you to obtain the resignation.
Submission of the company's property occurs when there is a cessation of the employer-employee relationship either by way of resignation or termination unless the company has asked you to refund their property for any other reasons.
If the company refuses to provide you in writing to hand over the asset, then it is better not to. First, ask the company to issue you in writing about handing over the company's property.
Only upon receiving anything in writing, you can take any steps. Just on verbal communication/threat, you do not need to do much.
But since the situation between you and the company has deteriorated now, always communicate in writing as far as possible (but make sure each and every word is chosen carefully).
From India, Kolkata
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