Salary issue
Unknown Person
(Querist) 01 November 2012
This query is : Resolved
My Employer has ask me to come on Sunday for work, I refused it, so he said me to resign. I resigned immediately. In that month I have worked for 23 days. on 30th date of that month I phoned HR person for salary. He told me that He has made full month salary of mine 23 working + 7 leave (EL + CL). ON salary day I call office for salary, so employer told me to come to office to talk. When I went to office he told me that I will not give you salary because you have not serve 30 days notice period. But in my case as management ask me to give resign, even they have not give me appointment letter and documents, but I have salary slip and form 16A from them.
Please suggest me how will I get my that salary.
ajay sethi
(Expert) 02 November 2012
what are terms and conditions of your appointment letter ? does it provide for one month notice period .
Nadeem Qureshi
(Expert) 02 November 2012
Dear Querist
you can contact personal or over the phone
Unknown Person
(Querist) 02 November 2012
From my joining I ask for appointment letter but he each time excuse me that his laptop is not working, battery down etc. but not given appointment letter.
RAJU O.F.,
(Expert) 03 November 2012
Dear Mr.Unknown,
Your leave and absence are depended upon your service conditions agreed by you at the time of appointment. As per the terms of agreement if you had to work on Sunday, you cannot get exemption. Instead of wasting your time money and energy for recovering of unpaid salary for 23 days, better try for another employment which suit to you.
Guest
(Expert) 03 November 2012
Since as per your statement, there was no wrtitten employment contract with you , they have no authority to claim notice pay.Such type of contract is illegal because under the Shops & Establishment Act,it is obligatory to issue appointment-letter.Moreover, in the absence of a written contract, it is difficult to prove, what were the exact terms & conditions of contract.Your salary slip and Form16A are sufficient evidences to prove that you had worked there.You are certainly entitled to claim full & final settlement of your dues.Please issue a legal notice through a good lawyer and also follow his advice in the matter.Please also lodge a complaint against them to the Labour Secy. of your State with a copy to the Chief Inspector of Shops & Establishment.
Guest
(Expert) 03 November 2012
Failure to issue appointment letter to the employees amount to 'unfair labour practice' resorted to deprive them of the benefits which accrue to them due to the length of their service(Bharat Mudranalaya V. Workmen,Delhi Gazette,dated 7-5-1970
(IT).
As per the Shops & Establishment Act, it is obligatory for every commercial establishment to give weekly holiday.Moreover, no adult employee can be asked to work for more than 9 hrs. a day or 48 hrs. a week.
Raj Kumar Makkad
(Expert) 05 November 2012
In continuation to advice of Mitra,, I add to issue a legal notice through a counsel and even then if you are not paid due salary then go to Commissioner under section 15 of Wages Act.
