My company transferred my salary into my salary account on 11th September 2017. The very next day, on 12th September 2017 in the morning around 9 AM, I sent an email to my employer regarding my resignation. At about 9:30, they reverted back my salary without giving me any reason. At that time, I was unaware of that thing and went to the office as usual to do my job. In the office, I had a meeting with the company owner about my resignation. They told me that my resignation is on hold for some time and they will confirm it soon. After some time, they emailed me:
Hello,
Greetings!
As per discussion, you agreed to take the resignation back.
Thank you
I never agreed to take my resignation back, and I was unaware of this email. Unaware of this act, I went back to my work, but in the evening, when I tried to withdraw money from the salary account, the transaction got declined. I called the bank customer care, and they told me that it is reversed back to my company. I had no cash at that time, so it made me come home by walk (around 4 km). On reaching home, I tried calling my employer regarding this, but he ignored my calls.
On 13th September in the morning, I again tried calling my employer to clear the issue, but again, he ignored my calls. After that, I sent an email to the company asking them the reason why my salary is reversed back, and I am having a fever also out of money, so I can't come to the office to discuss the same. The company official responded back with an email:
Hello,
Just to let you know, we reverted the salary as it was wrongly calculated, and hence we are trying to figure out the accurate figure of the salary.
Regarding your resignation, just to let you know, as per the company policy, no one is allowed to take leave in the notice period, and in case of taking leave in the notice period, it leads to a breach of the resignation policy and notice period.
We will try to sort out the salary of the last month; it will be sorted out soon, most probably today.
After that, I responded with this email:
Hello sir,
Thanks for the clarification regarding the salary issue.
Also, I was told yesterday that my resignation is on hold, and the company itself notified me by email yesterday that my resignation is not accepted. In that case, how is it possible that my notification period has started or I am in the notice period?
I hope the salary issue will be sorted out today since I am in great need.
After that, they didn't send me any email, no call from their side, and have not paid my salary of the last month yet.
What legal action can I take for this trouble and how?
Any help would be appreciated.
Thanks
From India, Chandigarh
Hello,
Greetings!
As per discussion, you agreed to take the resignation back.
Thank you
I never agreed to take my resignation back, and I was unaware of this email. Unaware of this act, I went back to my work, but in the evening, when I tried to withdraw money from the salary account, the transaction got declined. I called the bank customer care, and they told me that it is reversed back to my company. I had no cash at that time, so it made me come home by walk (around 4 km). On reaching home, I tried calling my employer regarding this, but he ignored my calls.
On 13th September in the morning, I again tried calling my employer to clear the issue, but again, he ignored my calls. After that, I sent an email to the company asking them the reason why my salary is reversed back, and I am having a fever also out of money, so I can't come to the office to discuss the same. The company official responded back with an email:
Hello,
Just to let you know, we reverted the salary as it was wrongly calculated, and hence we are trying to figure out the accurate figure of the salary.
Regarding your resignation, just to let you know, as per the company policy, no one is allowed to take leave in the notice period, and in case of taking leave in the notice period, it leads to a breach of the resignation policy and notice period.
We will try to sort out the salary of the last month; it will be sorted out soon, most probably today.
After that, I responded with this email:
Hello sir,
Thanks for the clarification regarding the salary issue.
Also, I was told yesterday that my resignation is on hold, and the company itself notified me by email yesterday that my resignation is not accepted. In that case, how is it possible that my notification period has started or I am in the notice period?
I hope the salary issue will be sorted out today since I am in great need.
After that, they didn't send me any email, no call from their side, and have not paid my salary of the last month yet.
What legal action can I take for this trouble and how?
Any help would be appreciated.
Thanks
From India, Chandigarh
Dear Jatin Rana,
In what capacity were you working - as an employee in the cadre of a workman, supervisor/officer, or manager? The episode you described is indicative of the unscrupulous character of your employer. Anyways, make a complaint to the area labor officer immediately.
From India, Salem
6108In what capacity were you working - as an employee in the cadre of a workman, supervisor/officer, or manager? The episode you described is indicative of the unscrupulous character of your employer. Anyways, make a complaint to the area labor officer immediately.
From India, Salem
That was a masterstroke, by the way, from the employer. Your example may be of great teaching for others who want to quit their job as soon as they get their salary. However, you made a mistake by not withdrawing the money first. First, go to your bank and file a written complaint asking where your salary went after being credited to your account. Even if it was credited back to the salary account of your company, how could the bank debit the money from your account without your consent?
First, do that. Also, ask the bank manager for an explanation, or else you have no choice but to lodge a police complaint for fraud. The bank will then issue you a letter stating that, according to your employer, it was an erroneous entry and asking to revert the entry. Take that letter as you will need it to file a case against the employer if they don't pay you.
Also, now you have no choice but to serve the notice period and get your full and final settlement. The employer did this because they were sure that you would abscond after receiving your salary, or perhaps this was their perception. Now, serve the notice period, get your FnF, or be prepared to file a case in a court of law because your employer seems determined. Seek some advice from seniors as well.
From India, Pune
First, do that. Also, ask the bank manager for an explanation, or else you have no choice but to lodge a police complaint for fraud. The bank will then issue you a letter stating that, according to your employer, it was an erroneous entry and asking to revert the entry. Take that letter as you will need it to file a case against the employer if they don't pay you.
Also, now you have no choice but to serve the notice period and get your full and final settlement. The employer did this because they were sure that you would abscond after receiving your salary, or perhaps this was their perception. Now, serve the notice period, get your FnF, or be prepared to file a case in a court of law because your employer seems determined. Seek some advice from seniors as well.
From India, Pune
@UMAKANTHAN53 Thanks. I am working as software developer, i think it falls in workman.
From India, Chandigarh
From India, Chandigarh
@ANIKET PATHAK, that was not a masterstroke but a very cheap thing to do. I had clearly mentioned in my resignation that I will serve the full 1-month notification period as per company policy, so there is no such thing that I will run away. I also had a meeting before this issue where I agreed to serve the notice period. Apart from that, the salary was for the last month, for which I have worked. There is no reason they can legally be allowed to not pay me for my work. Employees have the right to go for any type of work. Also, they had transferred my salary yesterday when I mentioned that I will take legal action. Thanks for your suggestion.
From India, Chandigarh
From India, Chandigarh
Great. congratulations for getting your salary. believe me legal way was the only way if they wouldn’t have paid the salary. Now as they paid the salary we can say there was communication gap.
From India, Pune
From India, Pune
I agree with Jatin Rana; the employer took an illegal action, and the bank is also at fault. When your employer credited your salary, the bank must have sent you an SMS. However, when they reverted your salary without asking or informing you, it was an illegal act. Please check with the bank and take action against the bank as well.
Warm regards,
Bharat Gera
HR Consultant
From India, Thane
Warm regards,
Bharat Gera
HR Consultant
From India, Thane
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