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Company not paying complete salary mentioned on appoinment l

Page no : 2

Kumar Doab (FIN)     22 February 2013

“Even after my repeated requests & mails no one is bothered if that is to be given or not.”

If you have been writing repeatedly and regularly they would need to fabricate many documents. Fabricating a document is unlawful. Making false entries is illegal, punishable.

Gossip and rumor can not be policy. The policy should be kept in knowledge domain of the employees and circulated by effective modes of communication.

Se Act Punjab is also attached.

You may choose the most suitable option as deemed fit at your end.

SE Act Punjab:

2. Definitions.

(xxvii) “wages” shall have the meaning assigned to it in the Payment of Wages Act,

1936 (IV of 1936)

17. Deduction from wages.

18. Realisations of compensation.

19. Enforcement and inspection.

(a) enter at all reasonable times and with such assistants, if any being persons in the service of Government or ofany local authority as he thinks fit, any place which is or which he has reason to believe to be an establishment;

(b) make such examination of the premises and of any prescribed registers, records and notices and take on the spot or otherwise evidence of any persons as he may deem necessary for carrying out purposes of this Act;

20. Record.

(6) If any person with intent to deceive makes, or causes or allows to be made, in any

such record, register

33. Saving of certain rights and privileges.

Sulabh Kulshrestha (Sr. Engg)     22 February 2013

I want to write letter to MD & Chairman regarding this concern and extreame mental pressure its putting on me with already existing financial problems in my family. How far i can go  in this? I mean I want to make this a case that is effecting my mental state with some politeness and respect for them. But parallelly I want to partially threaten them also..some suggestions would be highly appretiated. Also, based on such a request can my organization fire me?

Kumar Doab (FIN)     22 February 2013

You have posted that:

--“based on such a request can my organization fire me?”

You are asking to make a forecast, which is not possible.

This is only a view point that who can stop an adamant, recalcitrant, zealous, vindictive, hardened authority in the o/o employer.

Companies are known to step on the toes of employer.

Do you belong to the place where you are employed? Are you a member of a trade union? Has your lawyer opined that you fall within the category of a workman? Would you be able to invoke ID Act? Is their any works committee, grievance redressal committee in your company?

Litigation can be stressful for some employees. Litigation can be lengthy.

--“its easy all that need to be done is reprogram some logics through programing languages.”

“And, I just came to know that last time when similar case was registered against my organization, they just triggered a back dated mail’

Was it done with tactical approval of MD, Chairman?

If the good offices are also like that what can you expect from an unscrupulous employer?

--“I want to write letter to MD & Chairman regarding this concern”

No one can stop you from doing it.

Good offices should make a note of unfair practices and step in to provide relief.

You are apprehensive and therefore question arises are they inclined to block unfair practices or they indulge in it. If MD, Chairman are promoters/owners then they should be concerned of goodwill of the company? But are they?

You would know your employer better than any one else.

You may calculate pros and cons.

Won’t it be better to look for a better position in a better company with good HR practices? It would certainly be better than to remain stressed.

In the mean time if at all you wish you may submit some carefully drafted one liners like “w.r.t my communication dated…kindly revert on…..I have already achieved…..incentive and would like to achieve more…….The End” and thus build some record and keep copies. Don’t be loud and do not write lengthy and typical letters with emotional outbursts which may instigate the higher ups.

You have explained in enough words that you need this job and monthly pay is very imp. for you.

Much does not need to be discussed.

Once you are with another employer (never share with them) and have obtained relieving letter with good comments, FNF amounts/statement (avoid signing acceptance of FNF statement) attested copies of PF forms etc…..you may rake up the issue.

Online discussion has its own limitations……..

Finally meet a lawyer and discuss your matter and proceed under expert advice of your lawyer only.

Valuable advice of learned experts/members is sought.

Sulabh Kulshrestha (Sr. Engg)     23 February 2013

Do you belong to the place where you are employed? - No

Are you a member of a trade union? - No

Has your lawyer opined that you fall within the category of a workman? - I fall under employee

Would you be able to invoke ID Act? - No Idea

Is their any works committee, grievance redressal committee in your company? - Not sure.

You are apprehensive and therefore question arises are they inclined to block unfair practices or they indulge in it. - Not sure.

Won’t it be better to look for a better position in a better company with good HR practices? It would certainly be better than to remain stressed. - Yes I do agree, but I went on to clear my interviews for two companies, I was rejected in one for not having proper explanation of why I am not getting my full salary(they considered I must be under performing it was for Volvo buses), and other for mahindra and mahindra where I explained I was getting incentives on voucher, and they asked me to show the copy of it which I couldn't. Its really a crap I am going through..i know its mix of practical and litigation matter thats why I am clarifiyng things with too many questions.

The best alternative I see in this situation is smhow managing my incentive here only and then making a switch. Cause it will be a gap of 10k/month which I'll only be able to recover it in next 2-3 years in my next organization.


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