Salary not getting credited on time and resignation
Jagdeesh
(Querist) 14 April 2017
This query is : Resolved
Hi
I am working at a middle level management position at a ltd company joined in the month of August 2016
My salary is not credited on time ( getting delayed by 24 days ) since i have joined this company and i am into a bond with this company
The bond states that
The said employee has to serve the company for a minimum period of 24 months from the date of appointment and shall be at liberty to resign his employment at any time thereafter by giving to the company 2 months notice in writing of its intention to do so. In case , if the trainee resigns prior to the said period of service, trainee has to pay a sum of Rs 100000/- to the company as without any demur
I have resigned this company on 3rd Jan 2017 on health grounds but there was no acknowledgement from them for more than 3 months, so i have sent a separate resignation once again on 7th April citing that i want to move out as i have an opportunity with a new company
They have replied back to my second resignation asking me to pay rs 100000/- and also to serve a notice period of 2 months
I have replied back stating that i have resigned in the month of Jan 2016 and they should reply back to my first resignation mail and asked them to pay my March 2017 salary and i have clearly mentioned that i shall withdraw my services with immediate effect which is on 11th April 2017
As all these months the salary getting delayed created a financial mess and i cannot pay Rs 100000/- and also my PF was never credited on time, TDS not deducted by the employer, Form 16 not shared, Salary Slips not shared
Request your valuable suggestions on the next steps as they are stopping my March and April 2017 salary and are not willing to take company provided SIM card and Employee ID card and also they are not confirming on relieving letter
Regards
Anil Kulkarni
(Expert) 15 April 2017
As regards your salary for the time you have served company firstly use grievance redressal in you company given in standing orders.
Ad regards Rs. 100000 payment to company and two months notice and obligation to serve for 24 months, these must have been agreed and consented by you at joining. As you have observed condition of bond to serve for 24 months and giving two moths notice, I am afraid you have breached the contract and hence the demands of company are legitimate and you will have to abide and honour you commitment. Otherwise complete the terms of the bond and see that you are relieved in regular manner. It's also not correct on your part to give different reasons for leaving company at different times. IT will adversely affect your case.
dr g balakrishnan
(Expert) 15 April 2017
You can say 'i have been forced to sign the agreement then only they could give the job, and they orally told me that it is just a formality' I trusted them when they failed to pay regular salary in time, my living became uncertain, so i fell sick due to mental sickness caused by delay in salary,that forced me to leave the company under resignation, they breached the contract of regular timely salary that only upset my living that forced me to resign not completing my so called 24 months contract term as per the so called some informal contract as told to me, now they broke the contract of paying salary in time when so where is the validity of the so called contract of rts 1ac to be paid to the company - every contract is bilateral not unilateral, so better pay my salary ' like this you make a Notice to the company with a copy to the labor commissioner for necessary intervention. the company ought to pay failing with within the notice period of your Notice move a Writ in the relevant high court under art 14 r/w art 226 for mandamus direction, court would give suitable order sooner sir
dr g balakrishnan
(Expert) 15 April 2017
You can say 'i have been forced to sign the agreement then only they could give the job, and they orally told me that it is just a formality' I trusted them when they failed to pay regular salary in time, my living became uncertain, so i fell sick due to mental sickness caused by delay in salary,that forced me to leave the company under resignation, they breached the contract of regular timely salary that only upset my living that forced me to resign not completing my so called 24 months contract term as per the so called some informal contract as told to me, now they broke the contract of paying salary in time when so where is the validity of the so called contract of rts 1ac to be paid to the company - every contract is bilateral not unilateral, so better pay my salary ' like this you make a Notice to the company with a copy to the labor commissioner for necessary intervention. the company ought to pay failing with within the notice period of your Notice move a Writ in the relevant high court under art 14 r/w art 226 for mandamus direction, court would give suitable order sooner sir
dr g balakrishnan
(Expert) 15 April 2017
You can say 'i have been forced to sign the agreement then only they could give the job, and they orally told me that it is just a formality' I trusted them when they failed to pay regular salary in time, my living became uncertain, so i fell sick due to mental sickness caused by delay in salary,that forced me to leave the company under resignation, they breached the contract of regular timely salary that only upset my living that forced me to resign not completing my so called 24 months contract term as per the so called some informal contract as told to me, now they broke the contract of paying salary in time when so where is the validity of the so called contract of rts 1ac to be paid to the company - every contract is bilateral not unilateral, so better pay my salary ' like this you make a Notice to the company with a copy to the labor commissioner for necessary intervention. the company ought to pay failing with within the notice period of your Notice move a Writ in the relevant high court under art 14 r/w art 226 for mandamus direction, court would give suitable order sooner sir
dr g balakrishnan
(Expert) 15 April 2017
companies cheat today thru so called HRD by employing some MBAs with HRD specialisation which specialisation they never ever understand.
DR.VEDULA GOPINATH
(Expert) 15 April 2017
sir
Please give me a copy of your appontment letter as well as Bond to guide you furtehr.
dr vedula gopinath
sr lawyer/arbitrator
vgnath@gmail.com
Rajendra K Goyal
(Expert) 15 April 2017
As per the given facts, you have signed the bond and are bound with the terms of it.
Observe the terms of Bond, you have signed and leave.
For TDS, Form 16, PF lodge complaint with the concerned departments. Form 16 up to April, 17 may be provided to you by the employer. You can download Form 26As from TRACES site to know your TDS.
dr g balakrishnan
(Expert) 15 April 2017
not bound with the terms of illegal contracting, as that contract falls under fraud s/19 of indian contract Act 1832.
Rajendra K Goyal
(Expert) 15 April 2017
Agree with the expert with humble addition, contract / agreement can not be enforce only if competent court decide that it falls under fraud u/s 19 of Indian contract Act 1832 or otherwise also.
Till that time it is enforceable..
dr g balakrishnan
(Expert) 15 April 2017
that is obvious, goyal need not tell. income tax law is a revenue law not same common law like , any way, i have to say one shd be prudent before signing any contract, else you will land into trouble like the one u landed pls.
TDS kind things are not relevant but labour and service type laws and constitutional proprrieties need to be adopted.
Jagdeesh
(Querist) 15 April 2017
Thank you all for your valuable suggestions,
