salary hold without any reason and asking for resign
Charanjeet Singh Bali
(Querist) 16 June 2015
This query is : Resolved
Dear sir/madam,
I was working with a delhi based company from last one year, suddenly this month my salary is holded by company and my boss is asking me to resign. I verbally ask my boss and HR department for reason of holding my salary but didn't got any satisfactory reply, After all this I shooted a mail to my boss and cc to all concern departments and VP of company but didnt got any reply after waiting for two days I sent a reminder mail twice but no reply in writing my boss is asking me telephonically to send my resignation when I ask for reason i never get a satisfactory answer and my boss clearly asks that no one reply or mails, u go and do whatever u can do. I have done all conversation by mail Please help me can i register a case against company and my boss????? and whatever action i can take to get my salary and f&f.
Kumar Doab
(Expert) 16 June 2015
Are you attending office and marking attendance or not?
Download complete record of attendance before the salary was withheld and after the salary has been withheld.
>>> What is your current establishment registered as: Commercial,Industrial?
What is its line of business:IT,ITeS,banking Life Insurance etc?
How many maximum persons are employed in it at any point of time?
The Redg Office,Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
Do you have, appointment letter,HR policy,Service Rules and Regulations,Conduct and Discipline Rules that are mentioned in the appointment letter?
Is there any clause on arbitration for all matters in appointment letter?
Was any salary slip of each month,PF number with a/c slips,ESIC card,Form16 given to you?
Are you a member of any employee’s/Trade Unions, insurance employee’s unions?
What was your monthly salary?
Did you record the threats to withhold salary and demand to submit resignation (audio/visual/witnessed/minuted)?
Did you inquire with HR verbally or in writing?
Did HR reply verbally or in writing?
Did you escalate further to good offices of apointing authority,MD,Chairman in writing under proper acknowledgment?
What is usual date of payment of salary?
>>> Have you consulted eldders in the family, employee’s/Trade Unions, insurance employee’s unions, Labor Law Consultant/Service Matters Lawyer/Law Firm dealing in Labor law matters?
Have you been ever a member of any unions:::: students union while studying, employee’s unions while employed, trade unions while employed, etc………..?
The people that united are well informed and supported also.
The first thing you should do is to become a member of employee’s unions, trade unions…………… A member while employed can lodge complaint with them in writing under proper acknowledgment and then proceed further………………….
Are you aware that in many states private banks/insurance companies employees have formed unions........................and ‘Works Committee’ in a company is an authority under ID Act……………….In many states it has been made mandatory to have GRC……………………….Employee’s can form IC,GUILD etc?
The union leaders know precise ways to drill sense into the heads in such matters
You should provide full information, pointwise!
Dr J C Vashista
(Expert) 17 June 2015
1. Incomplete information.
2. Well advised by expert Mr. Kumar Doab, I agree. Reply the questions raised herein above.
3. You are required to contact and consult a local lawyer/ union leader(s)/association (as the case may be, which you know)
4. Issue a legal notice to HOD after collecting above evidence qua your job and proceed as advised.
