Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ranjeet   15 June 2016

Notice period of two months

Hi All,

I am working in a IT company in Bangalore and I am not getting salary on monthly basis.

They are paying salry after 75 days.Ex: April month salary I will be paid after June 15 2016 again date is not fixed.This has been practised from last 7 months I joined this company.

They dint inform me about their mode of payment while joining.

Now, my qestion is should I serve 2 months notice period for this company.

And will I get my full and final settlement.

 

Regards,

Ranjeet



Learning

 5 Replies

Kumar Doab (FIN)     15 June 2016

While posting such queries employee should post full basic information :

 

e.g;


Have you been issued with appointment letter?


You may post the exact extract from appointment letter on termination/resignation,Notice pay in lieu of notice period,payment of wages etc 


What is your designation and nature of duties in appointment letter and on record/ in practice?

Is any date of payment of wages mentioned in appointment letter?

How was salary paid; cah/cheque/in bank a/c?

Did you sign any voucher? Do you have copy? Did you put date of payment on it?


You were in which state ( Noted; Bnagalore) ?


What is this establishment; Commercial/Industrial ( Noted: IT company)?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?


What was your last drawn salary in Rupees?

You were under probation/confirmed?


Did company open a salary a/c for you, by signing introduction or it is transferring salary in your personal a/c?

Has it been supplying salary slips ( at least a day before date of payment of wages)?



Did you get I.Card, Visiting card,salary slips of all months, PF a/c number and a/c slips, ESIC card,Form16,  etc?


You have worked for how many months?

How many persons are employed in it currrently and what was max. no. at ant time?

 

Have you ever written under proper acknowledgment that your monthly wages are not paid on time?  Has employer replied in writing?

 

Ritesh Maity (Labour Law Advocate)     15 June 2016

Since it is an IT firm, certainly it is registered under the Shops & Establishment Act. Under this Act, it is mandatory to pay the salary within 7-10th day of the next month i.e. salary of Jan should be paid within 7-10th Feb. If they delay the payment, then you are entitled to compensation. Please demand the salary in writing. Notice period is liable to be served by you. However, from the conduct of the company, it looks like whether you serve the notice period or not, they are going to create problems during full and final settlement. If you decide to leave, consult a lawyer and get a resignation letter drafted by him covering all aspect.

Kumar Doab (FIN)     16 June 2016

You may reply to all points , pointwise.

Agreed that you may let all of your representations structured by your able counsel.

Kumar Doab (FIN)     16 June 2016

You may not fail to mention that 60 days notic eperiod is not favorable to you and pay any notice pay after it is shown in FnF statement ( hard and sooft copy on company's letterhead) and pay under protest.

Kumar Doab (FIN)     16 June 2016

You may also go thru another thread under discussion at;

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=138526&offset=1


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register