Non settlement of salary
vimal
(Querist) 21 April 2015
This query is : Resolved
Can any organization hold an employee salary if the reporting manager feels that employee performance is not up to the mark that too during his notice period?
vimal
(Querist) 21 April 2015
Thanks for the response Barman Ji. My reliving letter clearly states that the company will clear my final settlement by 20th April and have not cleared it till date. The breach of promise to pay and denial of salary are clearly visible. Further I had planned to utilize the same money towards my travel for a fund rising event for which I have been selected and I may miss that opportunity because of being financially disabled by noN payment of salary. Can I hold my ex organization negligence liable for the losses that I incurr ?
Advocate Ravinder
(Expert) 22 April 2015
If your employers harrases you, you can complain to labour commissioner. You will definitely get relief free of cost.
vimal
(Querist) 22 April 2015
Thank you.
Kumar Doab
(Expert) 22 April 2015
Non Performance is not that easy to prove.
Whims and fancies are not the measuring tape.
Performance may depend upon many factors beyond control of employee e.g. non availability of spares/service etc.....................and affecting employee e.g. irritating/bad mouthed/rude/rowdy manager too...
You would know the performance criteria/matrix and actual performance.
The natural justice demands that employer has to grant full opportunity/training to improve performance..
During work hours employee is at the disposal of employee.
Employee has to be paid for each hour he/she has worked/remained in office, even if manager is not satisfied.
Dr J C Vashista
(Expert) 23 April 2015
Well advised by experts, no room left.
