Salary not been paid


Dear Sir

 

My issue is related to my FNF from my company.

 

I worked for this company for 2 months and I left the company without giving any notice period. As I don't have any thing in writing about my joining nor i have a offer letter from the company.I join the company on 6th Feb 2017 and I left this company on 5th April 2017.

 

As I had left without any notice and after few days i came to office and give my hand over in writing and told then varobali that i will not be coming back to work. After few days i dropped in mail saying i had given all my handover.

 

Now want i am asking for my FNF where my salary of March 2017 is not been given as they kept it on hold. Now they say that i have not given them a notice period in writing as per there policy in writing and serve the notice period of one month as i was not confirmed not i have any appointment letter where it says this.

 

Please let me know what should i do now to get my salary for the days i worked

 

Regards

Jay Oza

9987302226

 
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Lawyer in Hyderabad.Email Id:ramachary64@gmail.com

Try to get you attendance record from the company and file a petition in labour commissioner.

 
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FIN

The notice period/pay is to apply:


--either by applicable enactments on employer/employee/establishment.


--or by appointment letter, contract of employment, agreement etc signed with employee.


If applicable the enactments shall prevail upon any private agreement that is drafted by employer and signed with employee.


 

In your case the 2nd option is ruled out by you by your post in query as NO appointment letter is issued to you.


 

 
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FIN

Rest let us try on: how come employer or its attorney's claim that it is applicable by some purported policy, that is never made known to you as per you post in query.





For 1st option let us try to find out if it shall apply in your case.

 

 
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FIN

 

You have posted that:



“Now they say that i have not given them a notice period in writing…………………… as per there policy in writing”




Who are these persons whom you have referred as they: Line Managers, HR personnel, Manager/representative of employer that is duly authorized by employer?




Whom you are referring as they: Line Mangers, HR personnel, Legal cell, Admin etc etc or employer itself?




They have said it in writing or verbally?


Have they shown you the place/any document/ in which this policy has been shown, kept in your access, circulated, and supplied to you?



Or have they cited and service rule and regulation/enactment/service condition/ Act/Law etc etc vide which this policy/condition of notice period-pay applies to you.



Employer itself or its attorney’s in Line Management, HR Wing, Legal cell, Admin etc etc should not behave as street magicians and try to produce things from thin air.




 

 
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FIN


If there are applicable service conditions than these should be made known by fair means and made available by effective modes of communications, and kept in knowledge domain of employee, kept within accessible zones of employee.

 

 

 
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FIN

 

You have posted that:

 

 

 

“ and serve the notice period of one month as i was not confirmed not i have any appointment letter where it says this.”

 

 

 

If appointment letter was not issued and supplied to you and signed by you then…………….was this policy cited/mentioned/highlighted in any other published document issued and supplied to you and signed by you e.g; joining report, employee handbook, employee’s portal, exit policy or ever by email etc etc etc ……

 

 

 

 

Saying, telling, asking etc are all verbal modes of communication and difficult to prove.

 

 

Gossip, rumor, hearsay are neither rules nor policy, nor Act nor law………………

 

 

 
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FIN

 

 

 

If you have tried enough for amicable settlement and you are unable to get fair play and dealing then:

 

Don’t remain entangled with Line Mangers, HR personnel

And

Approach good offices of appointing authority, MD,CEO etc

And try.

 

 

 

 

 

They may not have any authority to waive off notice period/pay ( if it indeed applies in your case as per applicable enactments) or willingness to recommend to his superiors/good offices of appointing authority, MD,CEO etc ....

 

 

 
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FIN

 

 

 

 

Narrate all previous representations made by you in person/by letters/phone calls/emails…………….and mention names/dates/brief minutes of discussion…………Submit minutes in writing under proper acknowledgment.

 

 

Notice period of 2 months may not necessarily be applicable in your case.

 

 

 

 

Notice period, rate of Notice pay might be governed by various enactments that may apply in your case.

 

While posting such queries employee should post basic information!

 

 

 

What is this establishment; Commercial, Industrial?

 

 

What is its nature of business say; IT, ITeS?

 

 

How many persons are employed in it?

What is your designation and nature of duties?

 

 

 

How many persons report to you?

 

 

 

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

 

 

 

You are in which state?

 

 

Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

 

 

 

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

 

 

Are you a member of employee’s/trade unions?

 

 

 

 
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FIN

It noted that you have handed over the charge/assets and communicated in writing.

 

This is wise on your part.

The Shops & Estbs Rules prescribe many registers that employer has to submit on attendance, payment of wages, OT,DOJ/LWD etc etc 

 
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